reglab/housing_qa huggingface dataset:
CA Fin Code § 28106 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner of Business Oversight|Section 28106.

28106.  (a) The commissioner shall administer the provisions of this division and may promulgate rules and regulations and issue orders consistent with that authority.(b) Without limitation, the functions, powers, and duties of the commissioner include all of the following:(1) To issue or refuse to issue a license as provided by this division.(2) To revoke or suspend for cause any license as provided by this division.(3) To keep records of licenses issued under this division.(4) To receive, consider, investigate, and act upon complaints made in connection with a licensee.(5) To prescribe the forms of and receive (A) applications for licenses and (B) reports, books, and records required to be made by a licensee under this division, including annual audited financial statements.(6) To subpoena documents and witnesses and compel their attendance and production, to administer oaths, and to require the production of books, papers, or other materials relevant to any inquiry authorized by this division.(7) To require information with regard to an applicant that the commissioner may deem necessary, with regard for the paramount public interest in ascertaining the experience, background, honesty, truthfulness, integrity, and competency of an applicant for servicing student loans, and if an applicant is an entity other than an individual, in ascertaining the honesty, truthfulness, integrity, and competency of officers, directors, or managing members of the corporation, association, or other entity, or the general partners of a partnership.(8) To enforce by order any provision of this division.(9) To levy fees, fines, and charges in an amount sufficient to cover the cost of the services performed in administering this division.(10) To appoint examiners, attorneys, supervisors, experts, and special assistants as needed to effectively and efficiently administer this division.(Amended by Stats. 2018, Ch. 379, Sec. 4. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28108 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner of Business Oversight|Section 28108.

28108.  (a) The commissioner shall have the authority to conduct investigations and examinations of an applicant or licensee as follows:(1) For purposes of determining whether an applicant is eligible for a license, or that a licensee is complying with the provisions of this division or any regulation or order of the commissioner, the commissioner may access, receive, and use any books, accounts, records, files, documents, information, or evidence, including, but not limited to, any of the following relating to the intent to, or the practice of, servicing student loans for borrowers:(A) Criminal, civil, and administrative history information.(B) Personal history and experience information, including, but not limited to, independent credit reports obtained from a consumer reporting agency.(C) Any other documents, information, or evidence that the commissioner deems relevant to the inquiry or investigation regardless of the location, possession, control, or custody of those documents, information, or evidence.(2) For the purposes of investigating violations or complaints arising under this division, the commissioner may direct, subpoena, or order the attendance of, and examine under oath, any person whose testimony may be required about the student loan or account of the borrower.(b) In making any examination or investigation authorized by this section, the commissioner may control access to any documents and records of the licensee or person under examination or investigation. The commissioner may take possession of the documents and records or place a person in exclusive charge of the documents and records in the place where they are usually kept. During the period of control, no person shall remove or attempt to remove any of the documents and records except pursuant to a court order or with the consent of the commissioner. Unless the commissioner has reasonable grounds to believe the documents or records of a licensee have been, or are at risk of being, altered or destroyed for purposes of concealing a violation of this division, the licensee or owner of the documents and records shall have access to the documents or records as necessary to conduct its ordinary business affairs.(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 § 28110 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner of Business Oversight|Section 28110.

28110.  (a) Notwithstanding any other law, the commissioner may by rule or order prescribe circumstances under which to accept electronic records or electronic signatures. This section shall not be deemed to require the commissioner to accept electronic records or electronic signatures.(b) For purposes of this section, the following terms have the following meanings:(1) “Electronic record” means an initial license application, or material modification of that license application, and any other record created, generated, sent, communicated, received, or stored by electronic means. “Electronic records” also includes, but is not limited to, all of the following:(A) An application, amendment, supplement, and exhibit, filed for any license, consent, or other authority.(B) A financial statement, report, or advertising.(C) A surety bond, rider, or endorsement thereto.(D) An order, license, consent, or other authority.(E) A notice of public hearing, accusation, and statement of issues in connection with any application, license, consent, or other authority.(F) A proposed decision of a hearing officer and a decision of the commissioner.(G) The transcripts of a hearing and correspondence between a party and the commissioner directly relating to the record.(H) A release, newsletter, interpretive opinion, determination, or specific ruling.(I) Correspondence between a party and the commissioner directly relating to any document listed in subparagraphs (A) to (H), inclusive.(2) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.(c) The Legislature finds and declares that the Department of Business Oversight has continuously implemented methods to accept records filed electronically, and is encouraged to continue to expand its use of electronic filings to the extent feasible, as budget, resources, and equipment are made available to accomplish that goal.(Amended by Stats. 2018, Ch. 379, Sec. 5. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28111 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 1 - Commissioner of Business Oversight|Section 28111.

28111.  (a) The commissioner may require an applicant for a student loan servicer license or a student loan servicer licensee to make some or all of the filings with the commissioner through the Nationwide Multistate Licensing System & Registry.(b) The commissioner may require an application to be made through the Nationwide Multistate Licensing System & Registry, and may require fees, fingerprints, financial statements, supporting documents, changes of address, and any other information, and amendments or modifications thereto, to be submitted by applicants and licensees through the Nationwide Multistate Licensing System & Registry.(c) The commissioner may require licensees to pay assessments through the Nationwide Multistate Licensing System & Registry.(Added by Stats. 2018, Ch. 379, Sec. 6. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28112 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for License|Section 28112.

28112.  An applicant shall apply for a license by submitting all of the following to the commissioner:(a) A completed application for a license in a form prescribed by the commissioner and signed under penalty of perjury.(b) The sum of one hundred dollars ($100) as a fee for investigating the application, plus the cost of fingerprint processing and the criminal history record check under Section 28116, and three hundred dollars ($300) as an application fee. The investigation fee, including the amount for the criminal history record check, and the application fee are not refundable if an application is denied or withdrawn.(c) Audited financial statements prepared in accordance with generally accepted accounting principles and acceptable to the commissioner that indicate a net worth of at least two hundred fifty thousand dollars ($250,000).(d) Subject to the commissioner’s discretion, an applicant or licensee that is a wholly owned subsidiary of a public holding company required to comply with the reporting requirements of the Securities and Exchange Commission may satisfy the requirement of subdivision (c) by submitting the annual consolidated audited financial statements filed with the Securities and Exchange Commission, including consolidating financial statements of the subsidiary.(Amended by Stats. 2020, Ch. 154, Sec. 4. (AB 376) Effective January 1, 2021.)
CA Fin Code § 28114 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for License|Section 28114.

28114.  (a) The commissioner shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of every applicant for a license for purposes of obtaining information as to the existence and content of a record of state or federal convictions, state or federal arrests, and information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal.(b) When received, the Department of Justice shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history records check. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the commissioner.(c) The Department of Justice shall provide a response to the commissioner pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.(d) The commissioner shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for the license applicant described in subdivision (a).(e) The Department of Justice shall charge a fee, payable by the applicant, sufficient to cover the costs of processing the requests pursuant to this section.(Amended by Stats. 2018, Ch. 379, Sec. 7. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28116 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for License|Section 28116.

28116.  (a) Upon the filing of an application for a license pursuant to Section 28112 and the payment of the fees, the commissioner shall investigate the applicant and its general partners and individuals owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or any individual responsible for the conduct of the applicant’s servicing activities in this state, if the applicant is a partnership. If the applicant is a corporation, trust, limited liability company, or association, including an unincorporated organization, the commissioner shall investigate the applicant, its principal officers, directors, trustee, managing members, and individuals owning or controlling, directly or indirectly, 10 percent or more of the outstanding equity securities or any individual responsible for the conduct of the applicant’s servicing activities in this state.(b) Upon the filing of an application for a license pursuant to Section 28128 and the payment of the fees, the commissioner shall investigate the individual responsible for the servicing activity of the licensee at the new location described in the application. The investigation may be limited to information that was not included in prior applications filed pursuant to this division. If the commissioner determines that the applicant has satisfied this division and does not find facts constituting reasons for denial, the commissioner shall issue and deliver a license to the applicant.(c) For the purposes of this section, “principal officers” shall mean president, chief executive officer, treasurer, and chief financial officer, as may be applicable, and any other officer with direct responsibility for the conduct of the applicant’s servicing activities in this state.(Amended by Stats. 2018, Ch. 379, Sec. 8. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28117 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for License|Section 28117.

28117.  (a) Before an applicant is issued a license, the applicant shall file with the commissioner, in such form as the commissioner may require, an appointment irrevocably appointing the commissioner to be the applicant’s or licensee’s attorney, to receive service of any lawful process in any noncriminal judicial or administrative proceeding against the applicant or licensee, or any of its successors, that arises under this division or under any regulation or order issued under this division after such appointment has been filed, with the same force and validity as if served personally on the applicant, licensee, or successor.(b) Service may be made by leaving a copy of the process at any office of the commissioner, but that service is not effective unless (1) the party making that service, who may be the commissioner, sends notice of service and a copy of the process by registered or certified mail to the party served at its last address on file with the commissioner, and (2) an affidavit of compliance with this section by the party making service is filed in the case on or before the return date, if any, or within such further time as the court, in the case of a judicial proceeding, or the administrative agency, in the case of an administrative proceeding, allows.(Added by Stats. 2018, Ch. 379, Sec. 9. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28118 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for License|Section 28118.

28118.  The commissioner shall, when the application is complete, including having received the information from the Department of Justice, either grant a license pursuant to this division or provide a written explanation for the denial.(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 § 28120 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for License|Section 28120.

28120.  (a) The proceedings for a denial of a license 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.(b) The commissioner may deny an application for a license for any of the following reasons:(1) A false statement of a material fact has been made in the application.(2) The applicant or any principal officer, director, general partner, managing member, or individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, within the last 10 years has (A) been convicted of, or pleaded nolo contendere to, a crime or (B) committed any act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of a person engaged in business in accordance with this division.(3) The applicant or any principal officer, director, general partner, managing member, or individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, has violated, or is not in material compliance with this division, or an order or rule of the commissioner.(4) A material requirement for issuance of a license has not been met.(5) The applicant or any principal officer, director, general partner, managing member, or individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, has violated this division or the rules thereunder, or any similar regulatory scheme of this or a foreign jurisdiction.(6) The applicant or any principal officer, director, general partner, managing member, or individual owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, has been held liable in any civil action by final judgment or any administrative judgment by any public agency within the past seven years.(7) The commissioner, based on its investigation of the applicant, is unable to find that the financial responsibility, criminal records, experience, character, and general fitness of the applicant and its general partners, managing members, principal officers and directors, and individuals owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant, support a finding that the business will be operated honestly, fairly, efficiently, and in accordance with the requirements of this division.(Amended by Stats. 2018, Ch. 379, Sec. 10. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28122 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for License|Section 28122.

28122.  (a) The commissioner may deem an application for a license abandoned if the applicant fails to respond to any request for information required by the commissioner or department during an investigation of the application.(b) The commissioner shall notify the applicant, in writing, that if the applicant fails to submit responsive information within 60 days from the date the commissioner sent the written request for information, the commissioner shall deem the application abandoned.(c) An application fee paid prior to the date an application is deemed abandoned shall not be refunded. Abandonment of an application pursuant to this subdivision shall not preclude the applicant from submitting a new application and fee for a license.(Amended by Stats. 2018, Ch. 379, Sec. 11. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28124 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 2 - Application for License|Section 28124.

28124.  A license shall remain effective until the license is either suspended or revoked by the commissioner or surrendered by the licensee.(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 § 28125 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 3 - Nationwide Multistate Licensing System and Registry|Section 28125.

28125.  (a) The commissioner is authorized to establish relationships or contracts with the Nationwide Multistate Licensing System & Registry or other entities designated by the Nationwide Multistate Licensing System & Registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this division.(b) For the purpose of participating in the Nationwide Multistate Licensing System & Registry, the commissioner is authorized to waive or modify, in whole or in part, by rule, regulation, or order, any or all of the requirements of this division and to establish new requirements as reasonably necessary to participate in the Nationwide Multistate Licensing System & Registry.(c) The commissioner may use the Nationwide Multistate Licensing System & Registry as a channeling agent for requesting information from, and distributing information to, the Department of Justice, any other governmental agency, or any other source, as directed by the commissioner.(d) The commissioner shall establish a process through which applicants and licensees may challenge information entered into the Nationwide Multistate Licensing System & Registry by the commissioner.(Added by Stats. 2018, Ch. 379, Sec. 12. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28125.1 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 3 - Nationwide Multistate Licensing System and Registry|Section 28125.1.

28125.1.  (a) Except as otherwise provided in Section 1512 of the SAFE Act (12 U.S.C. Sec. 5111(a)), the requirements under any federal law or the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) regarding the privacy or confidentiality of any information or material provided to the Nationwide Multistate Licensing System & Registry, and any privilege arising under federal or state law, including the rules of any state court, with respect to that information or material, shall continue to apply to the information or material after the information or material has been disclosed to the Nationwide Multistate Licensing System & Registry. The information and material may be shared with all state and federal regulatory officials with industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal law or the Information Practices Act.(b) Information or material that is subject to a privilege or confidentiality under subdivision (a) shall not be subject to the following:(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the state.(2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Multistate Licensing System & Registry with respect to the information or material, the person to whom the information or material pertains waives, in whole or in part, in the discretion of that person, that privilege.(c) This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions included in, the Nationwide Multistate Licensing System & Registry for access by the public.(Added by Stats. 2018, Ch. 379, Sec. 12. (AB 38) Effective January 1, 2019.)
CA Fin Code § 28125.2 (2021)
2021 California Code|Financial Code - FIN|DIVISION 12.5 - Student Loan Servicing Act|CHAPTER 2 - Licensing|ARTICLE 3 - Nationwide Multistate Licensing System and Registry|Section 28125.2.

28125.2.  The commissioner shall report regularly violations of this division, as well as enforcement actions and other relevant information, to the Nationwide Multistate Licensing System & Registry, to the extent that the information is a public record.(Added by Stats. 2018, Ch. 379, Sec. 12. (AB 38) Effective January 1, 2019.)