reglab/statecodes huggingface dataset:
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7106 - Avoidance of Unsafe and Unsound Business Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It is the
				  strong intent of the Act and regulations that financial institutions should be
				  making every effort to find and make sound loans in low loan volume areas, and
				  compliance with the Act and regulations will be viewed in this light. The Act
				  and these regulations should be interpreted to prohibit the use of unfounded
				  and unsubstantiated assumptions regarding the effect upon loan risk of the
				  physical or economic characteristics of a neighborhood or geographic area. A
				  properly prepared appraisal using the market data approach will adequately
				  reflect neighborhood characteristics affecting the subject property.
(b) Pursuant to Section
				  35810 of the Act, consideration of
				  conditions, characteristics or trends in the neighborhood or geographic area
				  surrounding the housing accommodation shall be deemed to be required to avoid
				  an unsafe and unsound business practice only in accordance with one or more of
				  the following provisions of this Section:
(1)
				  If a financial institution can document that one or more factors relating to
				  the geographic area closely surrounding the security property are likely to
				  cause the fair market value of the security property to decrease during the
				  early years (three to five years) of the mortgage term, even assuming the
				  availability of nondiscriminatory financing in a geographic area, then the
				  financial institution, in determining whether and under what terms and
				  conditions to grant financial assistance, may make adjustments or additional
				  requirements in the loan terms. Provided, however, that no adjustment or
				  additional requirement made pursuant to this subsection shall exceed the
				  minimum reasonably estimated to be required for the security property to
				  continue to be an adequate security for the loan.
(2) Natural or Other Hazardous Conditions. A
				  financial institution may consider such hazards surrounding the security
				  property to the extent demonstrably required to avoid an unsafe or unsound
				  business practice.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7107 - Nondiscrimination in Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  financial institution may discourage, or refuse to allow, receive, or consider
				  any application, request, or inquiry regarding a loan, or discriminate in
				  imposing conditions upon, or in processing, any such application, request, or
				  inquiry on the following bases:
(1) The
				  condition, characteristics or trends of the housing accommodation;
(2) A concentration of race, color, religion,
				  sex, marital status, national origin or ancestry of the person or persons who
				  own, propose to buy, or will inhabit the housing accommodation; and
(3) The racial, ethnic, religious, or
				  national origin composition of the neighborhood or geographic area surrounding
				  the housing accommodation or based upon a consideration that such composition
				  is undergoing change, or is expected to undergo change.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7108 - Nondiscriminatory Loan Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Order of
					 Repeal filed 6-3-85 by OAL pursuant to Government Code section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7109 - Nondiscriminatory Underwriting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each financial institution shall evaluate loan applications
					 in accordance with the criteria set forth in Sections
					 7109.1-7109.6 herein.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7109.1 - Supplementary Income

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Lending standards which take into consideration only the
					 non-overtime income of the primary wage earner may result in discrimination in
					 that they do not take into account variations in employment patterns among
					 individuals and families. The determination as to whether primary income or
					 additional income qualifies as effective income for credit purposes should
					 depend upon whether such income may reasonably be expected to continue through
					 the early period of the mortgage term. Automatically discounting other income
					 from bonuses, overtime or part-time employment will deny financing to persons
					 who otherwise may be creditworthy. Since statistics show that minority group
					 members and low- and moderate-income families rely more often on such
					 supplemental income, the practice may be racially discriminatory in effect as
					 well as artificially restrictive of opportunities for home financing.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7109.2 - Evaluating Creditworthiness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the evaluation of an individual's creditworthiness, the
					 financial institution should take into consideration all relevant factors which
					 indicate an ability to repay the obligation. A financial institution shall
					 consider the following:
(a) A policy
				  of favoring applicants who have previously owned homes over applicants who have
				  not may perpetuate prior discrimination;
(b) In some instances, past credit
				  difficulties may have resulted from discriminatory practices;
(c) Excessively restrictive practices in
				  judging a criminal record may result in discrimination;
(d) The practice of disallowing income
				  regularly received from overtime and production bonuses and from part-time
				  employment may be discriminatory;
(e) Greater emphasis should be placed on the
				  earnings of the applicant than on other factors, such as educational
				  level;
(f) Job or residential
				  changes may indicate upward mobility; and
(g) Preferring applicants who have done
				  business with the financial institution can perpetuate previous discriminatory
				  policies.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7109.3 - Payment-to-Income and Debt-to-Income Ratios

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Financial institutions should review their underwriting
					 rules with respect to payment to income ratios or installment debt to income
					 ratios to reflect the increasing percentage of income that must be devoted to
					 housing expense. Overly restrictive or inflexible payment to income ratios may
					 discriminate against low- and moderate-income persons who often must devote a
					 greater percentage of their income to basic necessities such as housing. Any
					 payment to income ratio should be applied with flexibility to allow for a
					 case-by-case determination.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7109.4 - Code Violations and Condition of Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Financial institutions may not deny a loan nor require
					 corrective work as a condition of granting the loan because of the physical
					 condition of the property or code violations relating to the property except as
					 follows:
(a) If the cost of the
				  corrective work is more than ten percent of the market value of the property
				  before repairs or
(b) If necessary
				  to correct dangerous conditions which are a threat to the health and safety of
				  the occupants or to correct significant structural defects, or to make the
				  property reasonably habitable. Repairs which are primarily cosmetic including
				  but not limited to painting, redecorating, landscaping, and minor repairs may
				  not be required.
Where corrective work is required, the financial
					 institution should make every reasonable effort to increase the loan amount to
					 include the enhanced value which will result from the required corrective
					 work.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7109.5 - Remaining Economic Life

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Financial institutions have a legitimate interest in the
					 current fair market value of the security property and in its future value if a
					 decrease in value would result in there being inadequate security for the loan.
					 However, making an estimate of remaining economic life for a period longer than
					 three to five years may be a difficult task which requires particular care by
					 the appraiser. Therefore, in order for the estimate and consideration thereof
					 to be as objective as possible, the appraiser should furnish adequate
					 explanatory support for any estimate less than the loan term requested in a
					 particular case. If the estimate of remaining economic life is based upon
					 factors related basically to the building itself, such as condition, the
					 financial institution should exert its best efforts to bring about correction
					 of the deficiencies and have the cost included in the mortgage so that the loan
					 amount would be based on the value of the property "as-rehabilitated" rather
					 than "as-is." In any event, the concept of remaining economic life shall not be
					 used by underwriters to deny or unfavorably adjust loan terms except in the
					 limited circumstances referred to above.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7109.6 - On-Site Characteristics

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The use of a rigid list of select on-site characteristics
					 as an automatic basis for rejecting a loan can have a discriminatory effect
					 against some neighborhoods and borrowers. For example, use of a rigid
					 underwriting rule which establishes a minimum square footage requirement may be
					 discriminatory. To the extent such lending policies do have a discriminatory
					 effect, and there is no legitimate business purpose served, such policies shall
					 constitute a violation of the Act. The financial institutions shall evaluate
					 the on-site characteristics or physical conditions of each security property on
					 a case-by-case basis.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7110 - Nondiscriminatory Appraisals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  financial institution shall utilize an appraisal or shall deny a loan based
				  upon an appraisal which the financial institution knows or reasonably should
				  know discriminates on any of the following bases:
(1) The neighborhood or geographic area
				  surrounding the subject property;
(2) A consideration of race, color, religion,
				  sex, marital status, national origin or ancestry; and
(3) A consideration of the racial, ethnic,
				  religious or national origin composition of the neighborhood or geographic area
				  surrounding the subject property or whether or not such composition is
				  undergoing change or is expected to undergo change.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7111 - Affirmative Loan Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  (Reserved)
(b) In connection with
				  its examination of a financial institution, the Commissioner of Financial
				  Institutions shall assess the record of the financial institution in helping
				  meet the financial assistance needs of its entire community, including low- and
				  moderate-income neighborhoods and geographic areas.
(c) This section shall not apply to
				  non-depository financial institutions.
1. Order of
					 Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code
					 Section
					 11349.7;
					 effective thirtieth day thereafter (Register 85, No. 26).
2. Change
					 without regulatory effect amending subsection (b) filed 2-5-2002 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2002, No. 6).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Section
						35802 and Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 2 - Nondiscrimination Requirements › Section 7112 - Special Lending Programs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Nothing in
				  the Act or these regulations shall prohibit or penalize any governmental agency
				  or financial institution covered by this Act from establishing special purpose
				  credit programs as permitted and defined under federal Regulation B,
				  12 CFR
				  202.8, which provides financial assistance to
				  an economically disadvantaged class of persons on more favorable terms and
				  conditions than those available to the general public.
(b) Nothing in the Act or these regulations
				  shall prohibit any State or local governmental agency or any financial
				  institution from establishing a program for financial assistance which
				  designates a particular geographic area or neighborhood for receipt of special
				  financial assistance on terms and conditions more favorable than those
				  available to the general public as long as the area or neighborhood is not
				  designated in a manner inconsistent with the purposes of the Act.
(c) Nothing in the Act or these regulations
				  shall prohibit a financial institution from participating in any program for
				  financial assistance sponsored by any state or local governmental agency which
				  designates a particular geographic area or neighborhood for receipt of special
				  financial assistance on terms and conditions more favorable than those
				  available to the general public as long as such program is in furtherance of
				  the purposes of the Act.
(d)
				  Nothing in the Act or these regulations shall prohibit the Department of
				  Veterans' Affairs from administering the Veteran Farm and Home Purchase Acts of
				  1943 and 1974 in accordance with the applicable provisions of the California
				  Constitution, the Military and Veterans' Code, and the Department's rules,
				  regulations, policies, and procedures established in furtherance of the
				  purposes of those Acts and provisions so long as such rules, regulations,
				  policies, and procedures are not contrary to the purposes of the Act and these
				  regulations.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Section
						35802 and Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 3 - Mortgage Banking › Section 7113 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Commitment" as used in these regulations means a promise by a financial
				  institution as part of a contractual agreement to purchase loans which are
				  originated, financed, and closed in accordance with criteria established by
				  said financial institution.
(b)
				  "Mortgage banker" means a person, partnership, corporation or other business
				  entity engaged in the business of mortgage banking.
(c) "Mortgage banking" is the originating,
				  financing, and closing of loans on real property and the selling of the loans
				  to permanent institutional investors.
(d) "Permanent institutional investors" means
				  a person, partnership, corporation or other business entity which purchases
				  loans for investment and not for resale.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 3 - Mortgage Banking › Section 7113.1 - Inability to Sell Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  non-depository financial institution engaged in the business of mortgage
				  banking shall not be in violation of the Act or of these regulations if it
				  denies an application for financial assistance under the following conditions:
(1) Such institution does not have any
				  commitment from a purchaser of loans to buy a loan made or acquired in
				  conformance with the application; and
(2) Such institution has referred the
				  application to at least two other financial institutions which provide such
				  financial assistance through means other than mortgage banking and who in the
				  normal course of business accept such referrals and each of such other
				  institutions has denied the application upon the terms and conditions
				  requested.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 4 - Application Procedures › Section 7114.1 - Fair Lending Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each applicant for financial assistance upon the submission
					 of a written application for any purpose enumerated in Section
					 35810 of the Act shall be
					 requested to provide the following information for both the applicant and
					 co-applicant. There shall be no prescribed format for obtaining this
					 information.
(a) Race/National Origin:
American Indian or Alaskan Native
Asian/Pacific Islanders
Black
Hispanic
White
Other--specify
(b) Sex of Applicant and
				  Co-applicant
(c) Marital Status. In
				  addition, immediately above the requested information the following language
				  shall be provided:
"Voluntary Information for Government Monitoring
					 Purposes
"If this loan is for the purchase, construction,
					 rehabilitation or refinancing of a housing accommodation, the following
					 information is requested by the State of California and the federal government
					 to monitor this financial institution's compliance with the Housing Financial
					 Discrimination Act, Equal Credit Opportunity Law, and Fair Housing Law. The law
					 provides that a financial institution may neither discriminate on the basis of
					 this information nor on whether or not it is furnished. Furnishing this
					 information is optional. If you do not wish to furnish this information, please
					 initial below."
1. Editorial
					 correction of NOTE filed 11-20-85 (Register 85, No. 47).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Section
						35815,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 4 - Application Procedures › Section 7114.2 - Notification of Action Taken

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an application for financial assistance for any purpose
					 enumerated in Section
					 35810 of the Act is denied, or
					 approved for an amount less than requested, or if there are any terms imposed
					 that are less favorable than those imposed for similar purposes financial
					 assistance provided to other applicants by that financial institution, the
					 financial institution shall provide the principal applicant with a statement of
					 the specific reason or reasons for such adverse action. Notification of action
					 taken shall be in the manner prescribed by
					 12 CFR
					 202.9 (Regulation B), except that the
					 definition of "adverse action" herein provided shall govern.
1. Editorial
					 correction of NOTE filed 11-20-85 (Register 85, No. 47).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35810-
						35814
						and
						35820,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 4 - Application Procedures › Section 7115 - Record Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Financial
				  institutions shall retain the following information with regard to each written
				  application for financial assistance received:
(1) If loan application is approved, approved
				  with a change in the requested loan term or denied, each file shall contain:
(A) Fair lending information;
(B) All materials collected in connection
				  with the application which are not returned to the applicant;
(C) Copy of statement of reasons for change
				  in requested loan terms or of denial;
(D) Documentation required pursuant to
				  Section 7105.1 of these regulations, if
				  applicable; and
(E) The identity of
				  and titles of persons who considered and approved, approved with a change in
				  loan terms or denied the loan.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 5 - Complaint Procedures › Section 7116 - Complaint Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  applicant who claims to be aggrieved by an alleged violation of Chapter 3 of
				  the Act may file a complaint with the Secretary's designee(s) as set forth in
				  Section 7114 herein.
(b) Complaints involving federally-chartered
				  savings and loan associations shall be filed with the Department of Financial
				  Institutions.
(c) Complaints
				  involving national banking associations shall be filed with the Department of
				  Financial Institutions.
(d)
				  Complaints involving federally chartered credit unions shall be filed with the
				  Department of Financial Institutions.
(e) Complaints involving public agencies
				  shall be filed with the Secretary of Business, Transportation and
				  Housing.
(f) Complaints filed
				  directly with the Secretary, the Assistant for Fair Lending or the Office of
				  Fair Lending will be referred to the appropriate designee as provided in
				  Section 7114 herein except for those
				  complaints referred to in subparagraphs (b), (c), (d) and (e) above.
(g) Complaints shall be filed on a complaint
				  form prescribed by the Secretary. Upon receipt of a verbal complaint, or a
				  written complaint other than upon the form prescribed, the Secretary's designee
				  shall immediately transmit to the complainant the complaint form
				  prescribed.
1. Editorial
					 correction of NOTE filed 11-20-85 (Register 85, No. 47).
2. Change
					 without regulatory effect; designated effective 4-1-87 (Register 87, No.
					 7).
3. Change without regulatory effect amending subsections (b)-(d)
					 filed 2-5-2002 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2002, No. 6).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Section
						35820,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 5 - Complaint Procedures › Section 7116.1 - Complaint Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of compliance with Section
				  35822 of the Act, a complaint
				  shall be deemed received on the date of the receipt by the Secretary's designee
				  of a completed or substantially completed complaint form.
(b) The Secretary's designee shall fully
				  investigate each complaint received. Upon receipt of the complaint form the
				  Secretary's designee shall immediately transmit a copy of the complaint or
				  complaint form to the financial institution alleged to have violated the Act.
				  The financial institution shall respond in writing within ten days in full and
				  complete detail to each allegation made. In addition, the financial institution
				  shall provide to the Secretary's designee all necessary documentation of the
				  loan transaction in question, including but not limited to, a copy of the loan
				  application, adverse action notice, appraisal report, and any other pertinent
				  documents.
(c) At the time the
				  financial institution is notified of the complaint allegations, the Secretary's
				  designee shall attempt by notifying the complainant and the financial
				  institution to informally resolve the problem complained of.
(d) If, after a full investigation, the
				  Secretary's designee determines that the financial institution has violated the
				  Act, the designee shall notify the financial institution and the complainant
				  prior to the issuance of a formal decision letter of the designee's intended
				  decision.
(e) The designee shall
				  attempt to negotiate with each party to eliminate the alleged unlawful
				  practice.
(f) If there is no
				  elimination of the alleged unlawful practice by conference, conciliation or
				  persuasion, the Secretary's designee shall issue a written decision stating his
				  or her findings of fact.
(g) The
				  decision shall specify that either party may appeal the decision to the Office
				  of Administrative Hearings within ten days from receipt of the decision and
				  that the decision rendered is final unless appealed.
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35820-
						35823,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 5 - Complaint Procedures › Section 7116.2 - Request for Administrative Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				  receipt of a written request for a formal administrative hearing, the Secretary
				  shall file a copy thereof with the Office of Administrative Hearings within
				  three days of the receipt of such written request.
(b) The Office of Administrative Hearings
				  must commence a hearing within 20 days of receipt of an appeal.
(c) The decision of the hearing officer shall
				  be a final decision and binding upon the Secretary.
(d) The decision of the hearing officer shall
				  be limited to the remedies provided by Section
				  35822 of the Act and shall be in
				  accordance with the provisions of that section and shall be rendered within 45
				  days of receipt of the copy of the request for a hearing by the Office of
				  Administrative Hearings.
(e) The
				  Secretary or Secretary's designee shall represent the complainant at such
				  hearing if the Secretary's decision was in favor of the complainant.
(f) Either party may appeal the decision of
				  the Office of Administrative Hearings by filing a petition for a writ of
				  mandamus pursuant to C.C.P. 1094.5. The court may in its discretion award costs
				  or reasonable attorney's fees, or both, to the complainant if the complainant
				  is the prevailing party.
1. Editorial
					 correction of NOTE filed 11-20-85 (Register 85, No. 47).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Section
						35823,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 6 - Reporting Requirements › Section 7117 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this article, the following definitions
					 apply:
(a) "Applications" means
				  "completed applications" as defined in paragraph (c) of Section
				  7102, Title 21, California Code of
				  Regulations.
(b) "Enforcement
				  agency" means:
(1) The Department of Real
				  Estate for real estate brokers engaged in mortgage banking;
(2) The Department of Corporations for
				  broker-dealers, credit unions, industrial loan companies, finance lenders, and
				  residential mortgage lenders;
(3)
				  The Department of Insurance for insurers; and
(4) The Business, Transportation and Housing
				  Agency for all other lenders.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 6 - Reporting Requirements › Section 7118 - Compilation of Loan Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lender
				  shall compile data on the number and total dollar amount of loan applications
				  and loans made for each calendar year beginning with the calendar year
				  1990.
(b) The data shall be
				  compiled separately for loan applications and loan originations using the
				  Residential Mortgage Loan Report form set forth in Section
				  7120 and shall be itemized as
				  follows:
(1) The data shall be itemized by
				  Metropolitan Statistical Area (MSA). Within each MSA, the data shall be further
				  itemized by the census tract in which the property is located, except that:
(A) If the property is located in a county
				  with a population of 30,000 or less (according to 1990 Census of Population,
				  General Population, Characteristics of Inhabitants, CP90-1-1, Prepared by the
				  Bureau of Census, Department of Commerce) or in an area which has not been
				  assigned census tracts, itemization by county shall be used instead of
				  itemization by census tract.
(B) If
				  the property is located outside any MSA, or is located in an MSA in which the
				  lender does not have a place of business, no itemization (by MSA, county or
				  census tract) is required and the data for all such loans shall instead be
				  listed as an aggregate sum.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 6 - Reporting Requirements › Section 7119 - Disclosure and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A lender
				  shall make its Residential Mortgage Loan Report available to the public by
				  March 31 following the calendar year for which the data were compiled, and
				  shall continue to make the report available for five years from that
				  date.
(b) A lender shall send two
				  copies of its Residential Mortgage Loan Report to its enforcement agency by
				  March 31 following the calendar year for which the data were
				  compiled.
1. New
					 section filed 8-28-89; operative 9-27-89 (Register 89, No. 37).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Sections
						35815
						and
						35816,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 6 - Reporting Requirements › Section 7120 - Residential Mortgage Loan Report Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of the compilation requirement of Section
					 7118 and the disclosure and
					 reporting requirement of Section
					 7119, the following form shall be
					 used:
RESIDENTIAL MORTGAGE LOAN REPORT
Click
					 here to view image
1. New
					 section filed 8-28-89; operative 9-27-89 (Register 89, No. 37).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Section
						35816,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 6 - Reporting Requirements › Section 7121 - Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article does not apply:
(a) To any lender that makes 10% or less of
				  its total loan volume, measured in dollars, during any current reporting year
				  for any of the loan categories listed in paragraph (b)(2) of Section
				  7118.
(b) To loan applications made to and loans
				  negotiated or arranged by a person acting as a real estate broker within the
				  meaning of subdivision (d) of Section
				  10131
				  of the Business and Professions Code.
1. New
					 section filed 8-28-89; operative 9-27-89 (Register 89, No. 37).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Section
						35816,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4 - Regulations Pursuant to the Housing Financial Discrimination Act of 1977 › Article 6 - Reporting Requirements › Section 7122 - Lenders Newly Subject to the Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A lender that becomes subject to this article shall compile
					 application and loan data beginning with the calendar year following the year
					 in which it becomes subject.
1. New
					 section filed 8-28-89; operative 9-27-89 (Register 89, No. 37).
Note: Authority cited: Section
						35814,
						Health and Safety Code. Reference: Section
						35816,
						Health and Safety Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 4.5 - Residential Mortgage Loans › Article 1 - Mortgage Lenders › Section 7200 - Determination of Authority of Lenders Making Federally Related Mortgage Loans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Subchapter 4.5 (Article 1, Section
					 7200) filed 9-11-81 as an
					 emergency; effective upon filing (Register 81, No. 39). A Certificate of
					 Compliance must be transmitted to OAL within 120 days or emergency language
					 will be repealed on 1-9-82.
2. Certificate of Compliance as to
					 9-11-81 order transmitted to OAL 12-17-81 and filed 1-12-82 (Register 82, No.
					 3).
3. Change without regulatory effect repealing section filed
					 9-9-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 37).
Note: Authority cited and Reference: Section
						1, Chapter 274, Statutes of 1981
						(Civil Code Section
						1916.10).
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 5 - Allocation of Funds for Special Public Transportation Needs › Article 1 - Purpose › Section 7500 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To define applicant eligibility and establish procedures
					 for application and selection of projects to be allocated funds appropriated
					 pursuant to Section
					 99312
					 of the Public Utilities Code.
1. New
					 Subchapter 5, Articles 1-3 (Sections
					 8000-8005) filed 3-14-80 as an
					 emergency; effective upon filing (Register 80, No. 11). A Certificate of
					 Compliance must be filed within 120 days or emergency language will be repealed
					 on 7-13-80.
2. Certificate of Compliance filed 5-19-80 (Register 80,
					 No. 21).
3. Amendment filed 5-19-80; as an emergency; effective upon
					 filing (Register 80, No. 21). Certificate of Compliance included.
4.
					 Amendment filed 6-21-84; effective thirtieth day thereafter (Register 84, No.
					 25).
Note: Authority cited: Section
						99241,
						Public Utilities Code. Reference: Section
						99312,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 5 - Allocation of Funds for Special Public Transportation Needs › Article 2 - Definitions › Section 7501 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All definitions contained in this subchapter are applicable
					 to the terms used in this subchapter only. The following terms have the
					 following meanings:
(a) Department.
				  The Department of Transportation.
(b) Eligible Project Costs. Eligible project
				  costs include but are not limited to, real property and equipment acquisition,
				  project planning, preliminary engineering, design and construction of
				  facilities, and operating expenses.
(c) Eligible Projects. Eligible public
				  transportation projects shall meet the purpose of this subchapter. Projects
				  which meet this purpose include, but are not limited to, any of the following:
(1) Projects in unique areas of statewide
				  interest.
(2) Projects which
				  require money to match federal or local funds, and no other source of money is
				  reasonably available to meet a critical time schedule.
(3) Projects under the State Transit
				  Assistance Program of the Transportation Development Act that need additional
				  funding to begin operations.
(4)
				  Projects that enhance the mobility of low-mobility groups.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 5 - Allocation of Funds for Special Public Transportation Needs › Article 3 - Applications › Section 7502 - Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications are to be sent and addressed to the Department
					 of Transportation, 1120 N Street, Sacramento, California 95814.
Applications for fund allocation beginning the fiscal year
					 1980-81 must be postmarked not later than the first Monday in October of the
					 fiscal year for which funds are appropriated. Applications postmarked after
					 this date will not be considered for funding.
1. Amendment
					 filed 6-21-84; effective thirtieth day thereafter (Register 84, No. 25).
Note: Authority cited: Section
						99241,
						Public Utilities Code. Reference: Section
						99312,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 5 - Allocation of Funds for Special Public Transportation Needs › Article 3 - Applications › Section 7503 - Information Required in the Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As a minimum, an eligible project must be submitted with an
					 application to include:
(a) A
				  description of the project, statement of reasons why the project is eligible
				  for funding and anticipated benefits;
(b) A budget estimate, including capital and
				  operating costs, revenues and sources and amounts of funding;
(c) An implementation schedule;
(d) Discussion of the following as each
				  relates to the project:
(1) If the project is
				  contained in the current adopted regional or state transportation improvement
				  program, a statement to that effect is sufficient. If the project is not
				  contained in the current adopted regional or state transportation improvement
				  program, explain how the project is compatible with the current regional or
				  state transportation plans.
(2)
				  Summarize how the proposed project will meet special public transportation
				  needs.
(3) If environmental
				  clearance has been obtained, provide a copy of the Notice of Determination or
				  the Notice of Exemption. If environmental clearance has not been obtained,
				  provide an estimated date by which final environmental clearance will be
				  obtained and indicate the type of document that will be prepared.
(4) Provide the estimated date that any
				  allocated funds will be expended.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 5 - Allocation of Funds for Special Public Transportation Needs › Article 3 - Applications › Section 7504 - Eligible Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A public agency may apply for funds and at a minimum shall
					 provide the information required by Section
					 7503. While only public agencies
					 may submit an application, such agencies may contract with private or nonprofit
					 entities, or both, for certain services required in the development or
					 operation of the project. All applications shall be handled as provided in
					 Section 7505 of this subchapter.
1. Editorial
					 correction filed 6-21-84; effective thirtieth day thereafter (Register 84, No.
					 25).
Note: Authority cited: Section
						99241,
						Public Utilities Code. Reference: Section
						99312,
						Public Utilities Code.
California Code of Regulations › Title 21 - Public Works › Division 3 - California State Transportation Agency › Chapter 5 - Allocation of Funds for Special Public Transportation Needs › Article 3 - Applications › Section 7505 - Approval and Fund Allocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After it reviews the application and approves the project
					 as meeting the requirements of Section
					 7503, the department shall
					 establish a statewide "needs" list of eligible projects. The list will be made
					 available to the Secretary along with the department's recommendation for
					 funding not later than May 1 of the year for which funds are to be allocated.
					 The department's recommendation for project allocation may include any eligible
					 project in the statewide "needs" list.
The Secretary will consider the department's recommendation
					 and the statewide "needs" list and may approve any eligible project on the
					 "needs" list for fund allocation. The Secretary will allocate the funds no
					 later than June 30 of the fiscal year for which the funds are
					 appropriated.
Funds are allocated on a yearly basis from funds
					 appropriated for that purpose by the Legislature. Applicants whose projects
					 received funds and applicants whose projects did not receive funds in any
					 fiscal year, must submit new applications in the following fiscal year to be
					 eligible for funding in that fiscal year. All proposed projects will be
					 considered for funding without regard to whether a proposed project ad
					 previously received funds under this program.
The department, with the Secretary's concurrence, may
					 establish terms and conditions which must be met by the applicant prior to
					 receipt of funds. An agreement shall be entered into between the successful
					 applicant and the department covering these terms and conditions.
The Secretary will not allocate funds for any project for
					 which final environmental clearance has not been obtained. The final
					 environmental document must be available for review by the Secretary before any
					 funds are allocated.
1. Amendment
					 filed 5-19-80 as an emergency; effective upon filing, Certificate of Compliance
					 included. (Register 80, No. 21).
2. Editorial correction filed
					 6-21-84; effective thirtieth day thereafter (Register 84, No. 25).
Note: Authority cited: Section
						99241,
						Public Utilities Code. Reference: Section
						99312,
						Public Utilities Code.