reglab/housing_qa huggingface dataset:
CA Fin Code § 23056 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 1 - Administrative Actions|Section 23056.

23056.  Every order, decision, license, or other official act of the commissioner is subject to judicial review in accordance with law.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)
CA Fin Code § 23057 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 1 - Administrative Actions|Section 23057.

23057.  On December 1, 2007, the commissioner shall report to the Governor and the Legislature on its implementation of this division. The report shall include, at a minimum, information regarding the demand for deferred deposit transactions, the growth and trends in the industry, common practices for conducting the business of deferred deposit transactions, the advertising practices of the industry, including any violations of Section 23027, and any other information the commissioner deems necessary to inform the Governor and the Legislature regarding potential legislation that may be necessary to protect the people of the State of California. The commissioner’s recommendations for future action may include, but are not limited to, changes in the fees charged to consumers, specifications regarding the length of time for deferred deposit transactions, maximum amount provided to consumers, additional regulation of advertising practices, and the implementation of an installment loan product in lieu of a deferred deposit transaction as described in this division.As the commissioner conducts this study, licensees shall be required to supply all information the commissioner deems necessary. The study shall be made public and may not include any proprietary information.(Amended by Stats. 2004, Ch. 312, Sec. 1. Effective January 1, 2005.)
CA Fin Code § 23058 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 1 - Administrative Actions|Section 23058.

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.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)
CA Fin Code § 23060 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 2 - Penalties for Misconduct|Section 23060.

23060.  (a) If any amount other than, or in excess of, the charges or fees permitted by this division is willfully charged, contracted for, or received, a deferred deposit transaction contract shall be void, and no person shall have any right to collect or receive the principal amount provided in the deferred deposit transaction, any charges, or fees in connection with the transaction.(b) If any provision of this division is willfully violated in the making or collection of a deferred deposit transaction, the deferred deposit transaction contract shall be void, and no person shall have any right to collect or receive any amount provided in the deferred deposit transaction, any charges, or fees in connection with the transaction.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)
CA Fin Code § 23061 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 2 - Penalties for Misconduct|Section 23061.

23061.  (a) If any amount other than, or in excess of, the charges permitted by this division is charged, contracted for, or received in connection with a deferred deposit transaction, for any reason other than a willful act of the licensee, the licensee shall forfeit all charges and fees on the deferred deposit transaction and may collect or receive only the principal amount of the transaction.(b) Subdivision (a) shall not apply to an error in computation if (1) the licensee shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid that error, and (2) within 60 days of discovering the error the licensee notifies the customer of the error and makes whatever adjustments in the account are necessary to correct the error.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)
CA Fin Code § 23062 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 2 - Penalties for Misconduct|Section 23062.

23062.  (a) If any provision of this division is violated in the making or collection of a deferred deposit transaction, for any reason other than a willful act of the licensee, the licensee shall forfeit all charges and fees on the deferred deposit and may collect or receive only the principal amount.(b) Subdivision (a) shall not apply to a violation if (1) the licensee shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, and (2) within 30 days of discovering the error the licensee notified the customer of the error and rectified the error by making the appropriate changes in the documents or account and by taking other action necessary to correct the error.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)
CA Fin Code § 23063 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 2 - Penalties for Misconduct|Section 23063.

23063.  No provision imposing liability under this division, including the provisions of subdivision (a) of Section 23061 and subdivision (a) of Section 23062, shall apply to any act done or omitted in good faith in conformity with any written general rule, regulation, or specific ruling of the commissioner, notwithstanding that after the act or omission has occurred, the written general rule, regulation, or specific ruling is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)
CA Fin Code § 23064 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 3 - Civil Damages|Section 23064.

23064.  Any person who is injured by any violation of this division may bring an action for the recovery of damages, an equity proceeding to restrain and enjoin those violations, or both. The amount awarded may be up to three times the damages actually incurred, but in no event less than the amount paid by the aggrieved consumer to a person subject to this section. If the plaintiff prevails, the plaintiff shall be awarded reasonable attorney’s fees and costs. If a court determines by clear and convincing evidence that a breach or violation was willful, the court, in its discretion, may award punitive damages in addition to the amounts set forth above. Upon application, the court may also grant any equitable relief that it deems proper, including, but not limited to, a claim for restitution and disgorgement.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)
CA Fin Code § 23064.5 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 3 - Civil Damages|Section 23064.5.

23064.5.  The rights, remedies, and penalties established by this division are cumulative to the rights, remedies, or penalties established under other laws. It is not necessary to exhaust administrative remedies in order to pursue the civil remedies provided for in this act.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)
CA Fin Code § 23065 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 4 - Crimes|Section 23065.

23065.  Any person, including a partner or officer of an entity that is a licensee, who willfully violates any provision of this division or who willfully violates any rule or order adopted pursuant to this division, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. However, no person may be imprisoned for the violation of any rule or order unless he or she had knowledge of the rule or order. Conviction under this section shall not preclude the commissioner from exercising the authority in Article 1 (commencing with Section 23045).(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Section operative on December 31, 2004, or sooner, pursuant to Section 23104.)
CA Fin Code § 23070 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 5 - Transition Provisions|Section 23070.

23070.  (a) The Legislature finds and declares that it is in the public interest for the administration and enforcement of this division to be undertaken by the Department of Business Oversight.(b) It is therefore the intent of the Legislature to transfer the existing responsibilities relating to administration and enforcement of check cashers that engage in activities subject to this division from the Department of Justice to the Department of Business Oversight.(Amended by Stats. 2015, Ch. 190, Sec. 47. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 23071 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 5 - Transition Provisions|Section 23071.

23071.  The Commissioner of Business Oversight and the Department of Business Oversight shall succeed to, and are vested with, all duties, powers, purposes, responsibilities, and jurisdiction of the Department of Justice as they relate to check cashers who engage in the activities subject to this division.(Amended by Stats. 2015, Ch. 190, Sec. 48. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 23072 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 5 - Transition Provisions|Section 23072.

23072.  The Department of Business Oversight may use the unexpended balance of funds available for use in connection with the performance of duties of the Department of Justice to which the Department of Business Oversight succeeds pursuant to Section 23071.(Amended by Stats. 2015, Ch. 190, Sec. 49. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 23073 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 5 - Transition Provisions|Section 23073.

23073.  All officers and employees of the Department of Justice who, on the operative date of this division, are performing any duty, power, purpose, responsibility, or jurisdiction to which the Department of Business Oversight succeeds, and who are serving in the civil service, other than as temporary employees or persons in positions exempted from civil service, shall be transferred to the Department of Business Oversight. The status, position, and rights of those persons shall not be affected by the transfer and shall be retained by those persons as officers and employees of the Department of Business Oversight, pursuant to Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code.(Amended by Stats. 2015, Ch. 190, Sec. 50. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 23074 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 5 - Transition Provisions|Section 23074.

23074.  The Department of Business Oversight shall have possession and control of all records, criminal history information, papers, equipment, supplies, moneys, funds, appropriations, licenses, permits, contracts, claims, judgments, land, and other property, real or personal, connected with the administration of, or held for the benefit or use of, the Department of Justice for the performance of the functions transferred to the Department of Business Oversight pursuant to Section 23071.(Amended by Stats. 2015, Ch. 190, Sec. 51. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 23100 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 6 - Miscellaneous|Section 23100.

23100.  (a) Check cashers that hold a valid permit prior to January 1, 2003, issued pursuant to Section 1789.37 of the Civil Code, and that have been making deferred deposits prior to January 1, 2003, shall do the following prior to engaging in the business of deferred deposits on or after December 31, 2004:(1) Pay the assessment on or before May 15, 2003, pursuant to the provisions of this division for the 2003–04 fiscal year. The fees and assessments paid pursuant to this subdivision shall be nonrefundable.(2) On or before May 15, 2003, submit a license application and pay a license fee pursuant to Article 2 (commencing with Section 23005).(b) Any person that intends to engage in the business of deferred deposits after December 31, 2004, and that holds a check cashing permit from the Attorney General on or before January 2003 and fails to submit a license application or pay a license fee as provided in this subdivision, shall upon the request of the commissioner and applying for a license forfeit to the people of the state a sum of twenty-five dollars ($25) for every day or part of a day that the submission or payment is delayed or withheld. Applications will be processed in the order of the date received by the commissioner. Applications submitted prior to December 31, 2004, shall not be subject to subdivision (c) of Section 23011.(c) The commissioner shall issue a license to a licensee under this division upon receiving payment of the assessment for the 2003–04 fiscal year, the license application, and fee and any additional information the commissioner may require in the application to demonstrate compliance with provisions of this division. The amount collected shall be deposited in the State Corporations Fund and shall be subject to appropriation by the Legislature for the 2003–04 fiscal year.(Amended by Stats. 2004, Ch. 17, Sec. 16. Effective February 23, 2004. Provisions of this section are operative (no later than Dec. 31, 2004) as prescribed in Section 23104 and by Stats. 2004, Ch. 17, Sec. 20.)
CA Fin Code § 23101 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 6 - Miscellaneous|Section 23101.

23101.  Regulations of the commissioner adopted prior to June 30, 2003, to implement this division shall be adopted as emergency regulations. Upon receipt of the regulations, the Office of Administrative Law shall file the regulations with the Secretary of State for immediate effectiveness.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Provisions of this section are operative (no later than Dec. 31, 2004) as prescribed in Section 23104.)
CA Fin Code § 23102 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 6 - Miscellaneous|Section 23102.

23102.  The deferred deposits made pursuant to a permit issued under Section 1789.37 of the Civil Code prior to December 31, 2004, shall be subject to and enforced to the extent valid under Sections 1789.30 to 1789.37, inclusive, of the Civil Code, as if those sections were not repealed. Any regulation, order, or other action adopted, prescribed, taken, or performed by the Department of Justice or by an officer of that department in connection with deferred deposit transactions made prior to December 31, 2004, shall continue to apply to those transactions. No suit, action, or other proceeding lawfully commenced by or against the Department of Justice or any other officer of the state in relation to deferred deposit transactions made prior to December 31, 2004, shall abate by reason of the transfer of authority concerning deferred deposit transactions to the Department of Business Oversight pursuant to Section 23071.(Amended by Stats. 2015, Ch. 190, Sec. 52. (AB 1517) Effective January 1, 2016.)
CA Fin Code § 23103 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 6 - Miscellaneous|Section 23103.

23103.  It is the intent of the Legislature that this division shall be administered and enforced with sufficient program resources and funding including personnel to examine licensees as often as the commissioner deems necessary and appropriate but at least once every two years, and to authorize enforcement actions that are necessary and appropriate to protect the public. This act should be administered and enforced only to the extent funds are appropriated by the Legislature and made available for this purpose.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Provisions of this section are operative (no later than Dec. 31, 2004) as prescribed in Section 23104.)
CA Fin Code § 23104 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 6 - Miscellaneous|Section 23104.

23104.  Except as provided in this article, the provisions of this division shall become effective on January 1, 2003, and shall become operative on December 31, 2004. However, the commissioner shall have the power and authority to implement the provisions of this division prior to December 31, 2004.(Amended by Stats. 2004, Ch. 17, Sec. 18. Effective February 23, 2004. Note: This section prescribes the operative date (no later than Dec. 31, 2004) for provisions of Division 10, commencing with Section 23000. See also Stats. 2004, Ch. 17, Sec. 20.)
CA Fin Code § 23105 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 6 - Miscellaneous|Section 23105.

23105.  The provisions of this division are severable. If any provision of this division or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Provisions of this section are operative (no later than Dec. 31, 2004) as prescribed in Section 23104.)
CA Fin Code § 23106 (2021)
2021 California Code|Financial Code - FIN|DIVISION 10 - CALIFORNIA DEFERRED DEPOSIT TRANSACTION LAW|CHAPTER 3 - Enforcement|ARTICLE 6 - Miscellaneous|Section 23106.

23106.  This division creates and authorizes an exempt class of persons pursuant to Section 1 of Article XV of the California Constitution.(Added by Stats. 2002, Ch. 777, Sec. 10. Effective January 1, 2003. Provisions of this section are operative (no later than Dec. 31, 2004) as prescribed in Section 23104.)
CA Fin Code § 28100 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 1 - General Provisions|ARTICLE 1 - Short Title|Section 28100.

28100.  This division may be known and cited as the “Student Loan Servicing Act.”(Added by Stats. 2016, Ch. 824, Sec. 2. (AB 2251) Effective January 1, 2017. Operative July 1, 2018, pursuant to Section 28182.)
CA Fin Code § 28102 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 1 - General Provisions|ARTICLE 2 - Requirement for License|Section 28102.

28102.  (a) No person shall engage in the business of servicing a student loan in this state without first obtaining a license pursuant to this division. A license shall not be transferable or assignable.(b) This division shall not apply to any of the following:(1) A bank, trust company, or industrial loan company doing business under the authority of, or in accordance with, a license, certificate, or charter issued by the United States or any state, district, territory, or commonwealth of the United States that is authorized to transact business in this state.(2) A federally chartered savings and loan association, federal savings bank, or federal credit union that is authorized to transact business in this state.(3) A savings and loan association, savings bank, or credit union organized under the laws of this or any other state that is authorized to transact business in this state.(4) A public postsecondary educational institution or a private nonprofit postsecondary educational institution servicing a student loan it extended to the borrower.(5) A nonprofit community service organization that meets all the criteria of Section 12104.(6) In connection with its responsibilities as a guaranty agency engaged in default aversion, a state or nonprofit private institution or organization having an agreement with the United States Secretary of Education under Section 428(b) of the Higher Education Act of 1965 (20 U.S.C. Sec. 1078(b)).(c) A private postsecondary educational institution not exempted from the requirements of this division pursuant to subdivision (b) shall not be required to comply with this division for the servicing of a student loan it extended to a borrower that a licensee is servicing pursuant to a servicing agreement with the private postsecondary educational institution for that student loan.(Amended by Stats. 2018, Ch. 379, Sec. 2. (AB 38) Effective January 1, 2019.)