Section 17415 Of Chapter 3. Escrow Regulations From California Financial Code >> Division 6. >> Chapter 3.
17415
. (a) If the commissioner, as a result of any examination or
from any report made to him or her, shall find that any person
subject to this division is in an insolvent condition, is conducting
escrow business in such an unsafe or injurious manner as to render
further operations hazardous to the public or to customers, has
failed to comply with the provisions of Section 17212.1 or 17414.1,
has permitted its tangible net worth to be lower than the minimum
required by law, has failed to maintain its liquid assets in excess
of current liabilities as set forth in Section 17210, or has failed
to comply with the bonding requirements of Chapter 2 (commencing with
Section 17200) of this division, the commissioner may, by an order
addressed to and served by registered or certified mail or by
personal service on such person and on any other person having in his
or her possession or control any escrowed funds, trust funds or
other property deposited in escrow with said person, direct
discontinuance of the disbursement of trust funds by the parties or
any of them, the receipt of trust funds, the delivery or recording of
documents received in escrow, or other business operations. No
person having in his or her possession any of these funds or
documents shall be liable for failure to comply with the order unless
he or she has received written notice of the order. Subject to
subdivision (b), the order shall remain in effect until set aside by
the commissioner in whole or in part, the person is the subject of an
order for relief in bankruptcy, or pursuant to Chapter 6 (commencing
with Section 17621) of this division the commissioner has assumed
possession of the escrow agent.
(b) Within 15 days from the date of an order pursuant to
subdivision (a), the person may request a hearing under the
Administrative Procedure Act, Chapter 5 (commencing with Section
11500) 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. Neither the request for a hearing
nor the hearing itself shall stay the order issued by the
commissioner under subdivision (a).