Section 23058 Of Article 1. Administrative Actions From California Financial Code >> Division 10. >> Chapter 3. >> Article 1.
23058
. (a) If, upon inspection, examination or investigation, based
upon a complaint or otherwise, the department has cause to believe
that a person is engaged in the business of deferred deposit
transactions without a license, or a licensee or person is violating
any provision of this division or any rule or order thereunder, 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 of 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, and in all states
the commissioner has all the powers granted therein.
(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, which shall include a certified copy of
the final order of the department, shall constitute a sufficient
showing to warrant the issuance of the judgment and order.