reglab/statecodes huggingface dataset:
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 12.7 - Department of Justice Emergency Regulations for the Sks Sporter Buy-Back Program [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New chapter 12.7
				(articles 1-3, sections
				977.10-977.36), article 1 (sections
				977.10-977.11) and section filed
				9-27-99 as an emergency; operative 9-27-99 (Register 99, No. 40). A Certificate of
				Compliance must be transmitted to OAL by 1-25-2000 or emergency language will be
				repealed by operation of law on the following day.
2. Repealer of chapter
				12.7 (articles 1-3, sections
				977.10-977.36), article 1 (sections
				977.10-977.11) and section by operation
				of Government Code section
				11346.1(g)
				(Register 2001, No. 5).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 12.8 - Department of Justice Regulations for Assault Weapons and Large Capacity Magazines [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
				regulatory effect renumbering division 1, chapter 12.8 (articles 1-4, sections
				978.10-978.44) to division 5, chapter
				39 (articles 1-4, sections
				5459-5484) filed 6-28-2006 pursuant to
				section 100, title 1, California Code of
				Regulations (Register 2006, No. 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 12.9 - Assault Weapons Identification [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
				regulatory effect renumbering division 1, chapter 12.9 (sections
				979.10-979.11), to division 5, chapter
				40 (sections 5495-5499) filed 6-28-2006 pursuant to
				section 100, title 1, California Code of
				Regulations (Register 2006, No. 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13 - Department of Justice Regulations on Non-Dealer Sales or Transfers of Firearms Through Licensees or Dealers and Issuance of Certificates of Eligibility Pursuant to Penal Code Sections 12070, 12071, 12071.1, and 12082 [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
				regulatory effect renumbering division 1, chapter 13 (articles 1-4, sections
				980-985), to division 5, chapter 3
				(articles 1-4, sections
				4030-4041) filed 6-28-2006 pursuant to
				section 100, title 1, California Code of
				Regulations (Register 2006, No. 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.4 - Department of Justice Regulations for the Centralized List of Firearms Dealers [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change without
				regulatory effect renumbering division 1, chapter 13.4 (articles 1-4, sections
				986-989) to division 5, chapter 2
				(articles 1-4, sections
				4016-4024) filed 6-28-2006 pursuant to
				section 100, title 1, California Code of
				Regulations (Register 2006, No. 26).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 1 - Title, Scope, and Definitions › Section 990 - Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter shall be known as the "Department of Justice
					 Regulations for the Check Casher Permit Program," may be cited as such, and will be
					 referred to herein as "these regulations."
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 1 - Title, Scope, and Definitions › Section 990.1 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of these regulations apply to the issuance and
					 renewal of permits to conduct a check cashing business pursuant to Civil Code
					 section
					 1789.37.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 1 - Title, Scope, and Definitions › Section 990.2 - Definitions of Key Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Check
				  Casher Law" refers to title 1.6F of the Civil Code.
(b) "Department" means the Department of Justice
				  of the State of California.
(c) "Mobile
				  unit" means a vehicle or other movable means from which the business of cashing
				  checks is conducted.
(d) "Permit" refers
				  to both a check casher permit where business is conducted from a specific fixed
				  location and a mobile check casher permit where business is conducted from a mobile
				  unit.
(e) "Applicant" means any
				  individual, partnership, or corporation applying to obtain or renew a
				  permit.
(f) "Principal corporate
				  officer" means the President, Vice-President, Secretary, or Treasurer of a
				  corporation or a person with equivalent titles and duties.
(g) "Permittee" means any individual, partnership,
				  or corporation holding a valid permit issued by the Department.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 2 - Application for Permits and Renewals › Section 991 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No person shall conduct a check cashing business in the State of
					 California unless they have been granted a permit by the Department.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(a),
						Civil Code. Reference: Section
						1789.37(a),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 2 - Application for Permits and Renewals › Section 991.1 - Initial Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An initial
				  application for a permit, Application for Check Casher Permit (BCIA 4130, Rev.
				  04/2022), hereby incorporated by reference, shall be completed, filed, and signed
				  under penalty of perjury, and shall contain identifying and background information
				  for the applicant and the business, as well as the following, where applicable:
				  identifying and background information for the co-owner spouse; identifying and
				  background information for every partner; identifying and background information for
				  every principal corporate officer and persons owning or controlling, directly or
				  indirectly, 10 percent or more of the outstanding equity securities of the
				  corporation.
(b) If the business is to
				  be conducted from a mobile unit, the applicant shall also complete and file a
				  Supplemental Application for Mobile Check Cashing Unit (BCIA 4000, Rev. 04/2022),
				  hereby incorporated by reference, which shall contain the California Department of
				  Motor Vehicles (DMV) registration number and other identifying information for such
				  mobile unit.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Sections
						1789.37(b)
						and
						1789.37(f),
						Civil Code. Reference: Sections
						1789.37(b)
						and
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 2 - Application for Permits and Renewals › Section 991.2 - Fingerprints Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every
				  initial or first-time application for a permit shall be accompanied by a completed
				  Request for Live Scan Service (BCIA 8016 CCPP, Orig. 09/2022), hereby incorporated
				  by reference, and electronic fingerprint images for each individual who has an
				  ownership interest in the business. For the purpose of this section, individuals who
				  have an ownership interest in the business include sole proprietors, co-owner
				  spouses, partners, principal corporate officers, and persons owning or controlling,
				  directly or indirectly, 10 percent or more of the outstanding equity securities of a
				  corporation.
(b) Alternatively, if an
				  applicant is unavailable to be fingerprinted via Live Scan within the State of
				  California, the applicant shall submit a completed 10-print fingerprint card,
				  Applicant Fingerprint Form (FD-258, Rev. 11-1-20) 1110-0046, hereby incorporated by
				  reference.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Sections
						1789.37(b)
						and
						1789.37(f),
						Civil Code. Reference: Sections
						1789.37(b)
						and
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 2 - Application for Permits and Renewals › Section 991.3 - Fees; Nonrefundability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  application for a permit shall be accompanied by the appropriate fee as follows:
(1) Initial Application:
(A) Processing fee of $50 for each business
				  location, and
(B) Fingerprint card
				  processing fee of $32 for each individual.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 2 - Application for Permits and Renewals › Section 991.4 - Renewal of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  applicant for renewal of a permit shall complete and file with the Department, not
				  less than 30 days prior to expiration of the permit, a Renewal Application for Check
				  Casher Permit (BCIA 4132, Rev. 04/2022), hereby incorporated by reference, or a
				  Renewal Application for Mobile Check Casher Permit (BCIA 4001, Rev. 04/2022), hereby
				  incorporated by reference, and shall include any changes in information indicated on
				  the initial application.
(b) A penalty
				  of 50 percent of the permit renewal fee shall be assessed in cases where the renewal
				  application is not received in the Department's office or does not have a postmark
				  dated on or before 30 days prior to expiration of the existing permit.
(c) An application for renewal of a permit may be
				  denied for any of the reasons listed under sections
				  993 and
				  993.1.
(d) If the Department denies renewal of a permit,
				  the Department shall provide the permittee with a Notice of Denial of Renewal in
				  accordance with section
				  993.2.
(e) Permits that were surrendered or revoked
				  cannot be renewed.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Sections
						1789.37(d),
						1789.37(e)
						and
						1789.37(f),
						Civil Code. Reference: Sections
						789.37(d),
						1789.37(e)
						and
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 2 - Application for Permits and Renewals › Section 991.5 - Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following time standards apply to the processing of applications for issuance or
				  renewal of a permit:
(1) Within 30 days after the
				  date of receipt of an initial or renewal application, the Department shall either
				  inform the applicant in writing that the application is complete and accepted for
				  processing, or return the application as deficient and specify what additional
				  information is required.
(2) Within 120
				  days from the date of receipt of a completed initial or first-time application for a
				  permit, the Department shall complete the processing of the application.
(3) Within 60 days from the date of receipt of a
				  completed application for a renewal of a permit, the Department shall complete the
				  processing of the application.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 3 - Permits › Section 992 - Information Stated on Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On the
				  approval of an application for a check casher permit where business is conducted
				  from a specific fixed location, the Department shall issue an original permit
				  endorsed to show the name of the permittee, and if the permittee is a partnership,
				  the names of its general partners, and if a corporation, its incorporation name. In
				  all cases, the permit shall show the business name, the street address, the permit
				  number, and the expiration date.
(b) On
				  the approval of an application for a mobile check casher permit where business is
				  conducted from a mobile unit, the Department shall issue an original permit endorsed
				  to show the name of the permittee, and if the permittee is a partnership, the names
				  of its general partners, and if a corporation, its incorporation name. In all cases,
				  the permit shall show the business name, the California DMV registration number, the
				  vehicle identification number, the manufacturer, the model, the year of
				  manufacturing, the permit number, and the expiration date.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 3 - Permits › Section 992.1 - Posting or Safekeeping of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The check
				  casher permit for a specific fixed location shall be conspicuously posted in the
				  place of business authorized by the permit.
(b) The mobile check casher permit for a mobile
				  unit shall be kept with the California DMV registration in the vehicle.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 3 - Permits › Section 992.2 - Duration of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permits issued under these regulations remain in effect for one
					 year from the date of issuance or until they are surrendered or revoked.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(d),
						Civil Code. Reference: Section
						1789.37(d),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 3 - Permits › Section 992.3 - Duplicate Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may issue a duplicate of a permit that has been
					 lost, stolen, or for a certificate which the permittee desires to replace, upon
					 written notice and satisfactory proof of such loss, theft, or destruction, or upon
					 surrender of a certificate for replacement and the payment of a fee of five dollars
					 ($5).
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 3 - Permits › Section 992.4 - Transaction of Business Under Name, Location, or Mobile Unit Not Named in Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No permittee shall transact the business under any other name,
					 at any other place of business, or from any mobile unit other than that named in the
					 permit.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Sections
						1789.37(a)
						and
						1789.37(f),
						Civil Code. Reference: Sections
						1789.37(a)
						and
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 3 - Permits › Section 992.5 - Nontransferability of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The permit is not transferable or assignable.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Sections
						1789.37(a)
						and
						1789.37(f),
						Civil Code. Reference: Sections
						1789.37(a)
						and
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 3 - Permits › Section 992.6 - Change of Business Location or Mobile Unit; Notice to Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a permittee desires to change their place of business
					 to a street address or from a mobile unit other than that designated on their
					 permit, they shall give written notice to the Department at least 10 days prior to
					 the change. Upon receipt of the notice and payment of a fee of five dollars ($5),
					 the Department shall issue a new permit reflecting the changes.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 3 - Permits › Section 992.7 - Notice of Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 10 days after the termination of business from a specific
					 fixed location or a mobile unit, a permittee shall inform the Department of the name
					 and address of the business location terminated, or the California DMV registration
					 number of the mobile unit terminated, together with the permit number and a
					 statement of the reasons for the termination.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 3 - Permits › Section 992.8 - Surrender of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) While the
				  permit is still in effect, a permittee may surrender their permit by submitting
				  written notice to the Department. Surrender of the permit does not affect the
				  permittee's civil or criminal liability for acts committed prior to surrender of
				  permit.
(b) If the permittee would like
				  to surrender their permit after the current effective period, the permittee shall
				  surrender their permit by selecting "No" in Part A of the applicable Renewal
				  Application for Check Casher Permit (BCIA 4132, Rev. 04/2022) and/or the Renewal
				  Application for Mobile Check Casher Permit (BCIA 4001, Rev. 04/2022).
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 4 - Denial, Revocation, and Appeal Process › Section 993 - Denial of Application; Failure to Respond; Opportunity to be Heard

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may deny an application for reasons including, but not limited to:
(1) A false statement of a material fact has been
				  made in the application.
(2) The
				  applicant violates any provisions of the Check Casher Law or these regulations in
				  Chapter 13.5 of Division 1.
(3) The
				  applicant or any partner, co-owner spouse, principal corporate officer, or person
				  owning or controlling, directly or indirectly, 10 percent or more of the outstanding
				  interests or equity securities of the applicant's corporation has been convicted of
				  a felony described in Civil Code section
				  1789.37(e).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 4 - Denial, Revocation, and Appeal Process › Section 993.1 - Revocation of Permit; Reasons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department may revoke any permit issued pursuant to this chapter. Reasons for
				  revocation of a permit include, but are not limited to:
(1) The permittee or any partner, co-owner spouse,
				  principal corporate officer, or person owning or controlling, directly or
				  indirectly, 10 percent or more of the outstanding interests or equity securities of
				  the permittee's corporation is convicted of a felony described in Civil Code section
				  1789.37, subdivision
				  (e).
(2) Any fact or condition exists
				  which, if it had existed at the time of the original application for such permit,
				  reasonably would have warranted the Department in refusing originally to issue such
				  permit.
(3) The permittee violates any
				  provisions of the Check Casher Law or these regulations.
(4) The permittee failed to submit any required
				  Renewal Application for Check Casher Permit (BCIA 4132, Rev. 04/2022), Renewal
				  Application for Mobile Check Casher Permit (BCIA 4001, Rev. 04/2022), permit renewal
				  fees, or penalty fees before the expiration of the permit.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 4 - Denial, Revocation, and Appeal Process › Section 993.2 - Notice of Revocation or Notice of Denial of Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before
				  suspending or revoking a permit or denying a renewal application, the Department
				  shall provide the permittee with a Notice of Intent to Revoke or Notice of Denial of
				  Renewal which shall specify the reasons for the revocation or denial.
(b) A permittee who has been served with a Notice
				  of Intent to Revoke or Notice of Denial of Renewal may file, within 30 days from the
				  date of the notice, a written answer to the notice, which answer shall be deemed a
				  denial of all the allegations in the notice not expressly admitted.
(c) A permittee may request a hearing in their
				  answer to the notice or no later than 30 days from the date of Notice of Revocation
				  or Notice of Denial of Renewal. If a hearing is requested, the Department shall take
				  no revocation action until completion of hearing proceedings pursuant to section
				  993.4.
(d) Failure to make a written request for a
				  hearing within the time period specified in subdivision (b) constitutes a waiver of
				  the right to a hearing.
(e) If the
				  permittee fails to answer within the time specified in subdivision (b) or, after
				  answer, withdraws their appeal, the action taken by the Department shall be
				  final.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 4 - Denial, Revocation, and Appeal Process › Section 993.3 - Reapplying After Denial or Revocation of Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant whose permit was denied or revoked may reapply at
					 such time as they can provide satisfactory proof that the reason(s) for denial or
					 revocation is no longer valid or has been corrected.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Sections
						1789.37(e)
						and
						1789.37(f),
						Civil Code. Reference: Sections
						1789.37(e)
						and
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 4 - Denial, Revocation, and Appeal Process › Section 993.4 - Administrative Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a hearing is timely requested by an applicant or permittee
					 under these regulations, the matter shall be referred for administrative
					 adjudication in accordance with chapter 5 (commencing with section
					 11500) of part 1, division 3, title 2
					 of the Government Code for a determination of whether a permit should be granted or
					 restored.
Note: Authority cited: Section
						1789.37, Civil Code.
						Reference: Section
						1789.37, Civil
						Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code; and Sections
						11512(c)
						and
						11512(d),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 4 - Denial, Revocation, and Appeal Process › Section 993.5

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 4 - Denial, Revocation, and Appeal Process › Section 993.6

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code; and Sections
						11513(a),
						11513(b)
						and
						11513(c),
						Government Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code; and Sections
						11513(a),
						11513(b)
						and
						11513(c),
						Government Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.5 - Department of Justice Regulations for the Check Casher Permit Program › Article 4 - Denial, Revocation, and Appeal Process › Section 993.7

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
Note: Authority cited: Section
						1789.37(f),
						Civil Code. Reference: Section
						1789.37(f),
						Civil Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 1 - General › Section 994 - Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This chapter shall be known as the "Department of Justice
					 Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint
					 Impressions," may be cited as such and will be referred to herein as "these
					 regulations."
1. New chapter
					 13.6 (articles 1-5), article 1 (sections
					 994-994.2) and section filed
					 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						11102.1, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 1 - General › Section 994.1 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of these regulations implement, interpret, and
					 make specific the mandate in California Penal Code section
					 11102.1 which became
					 effective January 1, 2003. The mandate requires the Department to certify
					 individuals who take fingerprint impressions for criminal offender record
					 information (CORI) clearances for employment, licensing, and certification purposes.
					 Individuals who are law enforcement personnel, or who are state employees who have
					 received training pertaining to applicant fingerprinting and have undergone a
					 criminal offender record information background investigation are exempted from
					 these regulations. These regulations also establish procedures for the application
					 form and for the issuance of the required certification number and notification
					 process. These regulations also set forth appeal procedures if the application is
					 denied, suspended, or revoked.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Amendment filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						11102.1, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 1 - General › Section 994.2 - Definitions of Key Terms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Administrative Hearing Officer" means an individual designated by the Director to
				  conduct any hearing required under these regulations.
(b) "Applicant Live Scan" means a system for the
				  electronic submission of applicant fingerprints.
(c) "Attorney General" means the Attorney General
				  of the State of California.
(d) "CDL or
				  California Driver's License" means a license to drive a vehicle issued by the
				  California Department of Motor Vehicles, which may be used as evidence of identity,
				  age, and residence.
(e) "CA ID or
				  California Identification" means a form of identification issued by the California
				  Department of Motor Vehicles, which may be used as evidence of identity, age, and
				  residence.
(f) "CORI or Criminal
				  Offender Record Information" means the same as defined in Penal Code section
				  13102.
(g) "Director" means the Director of the Division
				  of California Justice Information Services, Department of Justice, State of
				  California.
(h) "DMV" means the
				  California Department of Motor Vehicles.
(i) "DOJ" means the California Department of
				  Justice.
(j) "Non-Exempted Individuals"
				  means those individuals not exempted from the certification requirements of these
				  regulations as specified in Penal Code section
				  11102.1(2)(A)(B).
(k) "SSN" means the Social Security Number as
				  issued by the United States Social Security Administration.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Amendment of subsections (b), (g), (i) and
					 (j) filed 10-7-2010; operative 11-6-2010 (Register 2010, No.
					 41).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						17520, Family Code;
						Section
						11425.30,
						Government Code; and Sections
						11102.1,
						13102 and
						13125, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 2 - Qualifications and Application for Certification › Section 994.3 - Qualifications for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every applicant for certification pursuant to these regulations
					 shall meet the qualifications criteria as specified in Penal Code section
					 11102.1.
1. New article 2
					 (sections 994.3-994.5) and section filed
					 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						11102.1, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 2 - Qualifications and Application for Certification › Section 994.4 - Application for Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any individual who desires to apply for certification under
					 these regulations can access the BCIA 8372 (rev. 
					 07/10 )
					 "Application for Certification for Non-Exempted Individuals to Take Fingerprint
					 Impressions," on the Attorney General's website, located under the Fingerprint
					 Submissions heading. Also on the Attorney General's website are pre-certification
					 materials that each applicant may review prior to submitting the application. This
					 Form is incorporated herein by reference.
The application form shall contain the following
					 information:
(a) The full name, date of
				  birth, address, including the city, county and zip code, and telephone number of the
				  person applying for certification.
(b)
				  The California Driver's License number on a valid California Driver's License issued
				  by the DMV, or a California ID number on a valid identification card issued by the
				  DMV.
(c) The SSN of the person applying
				  for certification.
(d) A yes or no
				  answer to the following questions. Except in item (1), in any case where a yes
				  answer is given, an explanation must be provided in the space provided on the
				  application:
(1) Are you a California
				  resident?
(2) Have you ever used a name
				  other than the one on this application?
(3) Have you ever been convicted by any court of a
				  felony or misdemeanor offense in California or any other state?
(4) Have you ever been arrested in California or
				  any other state and/or are you awaiting adjudication for any offense for which you
				  were arrested?
(5) Have you ever been
				  denied a professional license or had such license revoked, suspended, or
				  restricted?
(6) Have you ever been
				  adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in
				  violation of state regulatory laws?
(7)
				  Have you ever failed to satisfy any court ordered money judgment including
				  restitution?
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 2 - Qualifications and Application for Certification › Section 994.5 - Submission of Application, Fingerprints and Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant shall send a completed
				  application to the DOJ.
(b) The
				  applicant shall have their fingerprint impressions taken through the electronic
				  (live scan) capture process.
(c) All
				  fees for the certification must be paid directly to the agency providing the live
				  scan services. An additional fingerprint rolling fee will be collected.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Amendment filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
3. Change without regulatory effect
					 amending subsection (b) filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						11102.1, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 3 - Certification Letter › Section 994.6 - Certification by the DOJ

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
				  fingerprints have been processed and the application for certification has been
				  approved. The applicant will be notified that the application has been accepted and
				  certified. The notice, which will include the certification number, will serve as
				  confirmation that the person has been certified by the DOJ to take fingerprint
				  impressions of individuals for employment, licensing, and certification
				  purposes.
(b) The certification number
				  assigned in (a) above will be required on all fingerprints submitted by the
				  certified individual.
1. New article 3
					 (sections 994.6-994.9) and section filed
					 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Amendment filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						11102.1, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 3 - Certification Letter › Section 994.7 - Duration of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Certifications issued pursuant to these regulations remain in
					 effect for the lifetime of the individual certified or until they are surrendered,
					 revoked, or suspended for cause.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						11102.1, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 3 - Certification Letter › Section 994.8 - Non-Transferability of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The certification is not transferable or assignable to another
					 individual or to an entity.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						11102.1, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 4 - Processing Times and Appeals › Section 994.9 - Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following time standards will apply to the processing of
					 applications for certification if individuals who take fingerprint
					 impressions:
(a) Within 30 days after the
				  date of receipt of an application for certification, the DOJ shall notify the
				  applicant in writing that the application has been received and is being processed
				  as complete, or that the application is deficient. If the application is deficient,
				  the written notice will specify what specific additional information is
				  required.
(b) Within 120 days after the
				  receipt of a completed application, and other documents as specified in section
				  994.5 of these regulations, the DOJ
				  shall complete the processing of the application and forward a certification notice
				  as specified in section
				  994.6 of these regulations. If after
				  processing the application the applicant has been determined to not meet the
				  requirements for certification, the DOJ shall notify the applicant that the
				  application has been denied along with a statement of reasons on which the denial is
				  based.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Repealer of former section
					 994.9, relocation of article 4 from
					 preceding section
					 994.10 to precede section
					 994.9 and renumbering and amendment of
					 former section 994.10 to section
					 994.9 filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						11102.1, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 4 - Processing Times and Appeals › Section 994.10 - Processing Time Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the DOJ fails to meet the time period for concluding the processing of an
				  application for certification, the applicant may apply in writing for la full refund
				  of all applicable fees. The request must be received by the DOJ within 30 days from
				  the date of service of the final decision granting or denying the
				  certification.
(b) The DOJ shall respond
				  within 10 days from the date of receipt of a request for refund.
(c) If the refund is denied by the DOJ, the
				  applicant may directly appeal the denial in writing to the Director. The appeal must
				  be filed within 20 days from the date of service of the refund denial from the DOJ.
				  The appeal shall set forth a concise statement of facts and chronology of events
				  regarding the application for certification.
(d) An appeal in subsection (c) of this section
				  will promptly be reviewed, and a decision will be issued within 30 days from the
				  completion of any investigation which the Director deems appropriate. The appeal in
				  subsection (c) of this section will be decided in the applicant's favor if the DOJ
				  has exceeded its maximum time period for the issuance or denial of the application
				  for certification, and the DOJ has failed to establish good cause for exceeding this
				  time period.
(e) The DOJ shall include
				  information regarding this appeal process with all denial notices.
1. New article 4
					 (sections 994.10-994.11) and section filed
					 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Relocation of article 4 from preceding
					 section 994.10 to precede section
					 994.9, renumbering of former section
					 994.10 to section
					 994.9 and renumbering and amendment of
					 former section 994.11 to section
					 994.10 filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
Note: Authority cited: Section
						11102.1, Penal Code.
						Reference: Section
						11102.1, Penal
						Code.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 13.6 - Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions › Article 5 - Procedures for Denial of an Application, and Suspension or Revocation of an Existing Certification › Section 994.11 - Denial, Revocation or Suspension of Existing Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The DOJ may deny an application for
				  certification, or may suspend or revoke an existing certification, for reasons as
				  specified in Penal Code section
				  11102.1.
(b) When an application is denied, or existing
				  certification is suspended or revoked, the DOJ shall provide the applicant with a
				  written notice which will specify all causes on which the denial, suspension, or
				  revocation is based.
(c) When an
				  application is denied, or when an existing certification is suspended or revoked,
				  the applicant may file, within 30 days from the date of the written notification of
				  the denial, suspension, or revocation, a written request for reconsideration by an
				  Administrative Hearing Officer. Such requests may include any and all evidence and
				  legal arguments which the applicant feels is relevant to a reconsideration of the
				  application, suspension or revocation. The DOJ shall provide the applicant with a
				  written notice of its final decision within 60 days of the time the request for
				  reconsideration is received.
1. New section
					 filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section
					 11343.4
					 (Register 2003, No. 46).
2. Renumbering of former section
					 994.11 to section
					 994.10, relocation of article 5 from
					 preceding section
					 994.12 to precede section
					 994.11 and renumbering and amendment of
					 former section 994.12 to section
					 994.11 filed 10-7-2010; operative
					 11-6-2010 (Register 2010, No. 41).
Note: Authority cited: Section
						11102.1, Penal Code;
						and Section
						11400.20,
						Government Code. Reference: Section
						11102.1, Penal Code;
						and Sections
						11445.10-
						11445.60,
						Government Code.