reglab/statecodes huggingface dataset:
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14332 - Integrated Setting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is a prohibited practice for a covered entity to fail
						to administer programs and activities in the most integrated setting
						appropriate to the needs of qualified disabled persons.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14333 - Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 It is a prohibited practice for a covered entity to fail to take appropriate
					 steps to ensure that communications with individuals with disabilities and
					 their companions, including applicants to or participants in programs and
					 activities, members of the public, and ultimate beneficiaries are as effective
					 as communications with others. Covered entities shall give priority to the
					 expressed preference for the method of communication requested by an individual
					 with a disability.
(b) For purposes
					 of this article, individuals with disabilities include persons with
					 developmental, mental health, or intellectual disabilities who have limited
					 ability to understand English; and persons with manual or sensory disabilities,
					 such as manual dexterity impairments or hearing or vision impairments, who have
					 limited functional ability to read, write, or speak English presented in
					 standard visual or oral formats.
(c) For purposes of this article, "companion"
					 means a family member, friend, caregiver, aide, or associate of an individual
					 with a disability who, along with the individual with a disability, is an
					 appropriate person with whom the covered entity should communicate.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14334 - Self-Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 With regard to persons with disabilities, a recipient with 15 or more employees
					 should be required by the responsible state agency, within one year of the
					 effective date of implementing regulations to:
(1) evaluate, with the assistance of
					 interested persons, including persons with disabilities or organizations
					 representing persons with disabilities, its current policies and practices and
					 the effects thereof that do not or may not meet the provisions of such
					 regulations, Article 9.5, this subchapter, and other implementing
					 regulations;
(2) modify, after
					 consultation with interested persons, including persons with disabilities or
					 organizations representing persons with disabilities, any policies and
					 practices that do not meet the provisions of such regulations, Article 9.5,
					 this subchapter, and other implementing regulations;
(3) take, after consultation with interested
					 persons, including persons with disabilities or organizations representing
					 persons with disabilities, appropriate remedial steps to eliminate the effects
					 of any discrimination that resulted from adherence to such policies and
					 practices; and
(4) for at least
					 three years following completion of the evaluation referred to in subsection
					 (a)(1) of this section, maintain on file, make available for public inspection,
					 and provide to the responsible state agency upon request:
(A) a list of the interested persons
					 consulted;
(B) a description of the
					 areas examined and any problems identified; and
(C) a description of any modifications made
					 and of any remedial steps taken.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14335 - Program Accessibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as set forth in subsection (b) below, it is a prohibited practice where
					 a covered entity's facilities, as defined in section
					 14020(r), are
					 inaccessible to or unusable by a qualified individual with a disability, and on
					 the basis such inaccessibility or inability to use, a qualified individual with
					 a disability, is denied the benefits of, is excluded from participation in, or
					 is otherwise subjected to discrimination or denial of full and equal access in
					 a covered entity's program or activity.
(b) It is a prohibited practice for a covered
					 entity to fail to operate each program or activity in such a manner that the
					 program or activity, when viewed in its entirety, is readily accessible to
					 persons with disabilities. This section does not necessarily require a covered
					 entity to make each of its existing facilities or every part of a facility
					 accessible to and usable by persons with disabilities.
(c) Disparate impact or adverse effect may be
					 demonstrated by showing that a selection criterion limits the opportunities of
					 people with disabilities by screening out or tending to screen out persons with
					 disabilities, without recourse to statistical data.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14336 - Methods of Ensuring Program Accessibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A covered entity may comply with the provisions of
						section 14335 through such means as
						redesign of equipment, reassignment of classes or other services to accessible
						buildings, assignments of aides to beneficiaries, home visits, delivery of
						services at alternate accessible sites, alteration of existing facilities, or
						other methods that result in making its program or activities accessible to
						people with disabilities. A covered entity is not required to make structural
						changes in existing facilities where other methods are effective in achieving
						compliance with section
						14335. In choosing among available
						methods for meeting the provisions of section
						14335, it is a prohibited practice
						for a covered entity to fail to give priority to those methods that offer
						programs and activities to people with disabilities in the most integrated
						setting appropriate.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14337 - Time Period for Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is a discriminatory practice for a recipient to fail
						to comply with the requirement of section
						14335 within sixty days of the
						effective date of implementing regulations, except that where structural
						changes in facilities are necessary, such changes may be made within three
						years of such effective date, but in any event, as expeditiously as
						possible.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14338 - Transition Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event that structural changes to facilities are
						necessary to meet the provisions of section
						14335, a recipient should be
						required by the responsible State agency to develop, within six months of the
						effective date of implementing regulations, a transition plan setting forth the
						steps necessary to complete such changes. The plan should be developed with the
						assistance of interested persons, including disabled persons or organizations
						representing disabled persons. A copy of the transition plan should be made
						available for public inspection. The plan should, at a minimum:
(a) identify physical obstacles in the
					 recipient's facilities that limit the accessibility of its program or activity
					 to disabled persons;
(b) describe
					 in detail the methods that will be used to make the facilities
					 accessible;
(c) specify the
					 schedule for taking the steps necessary to achieve full program accessibility
					 and, if the time period of the transition plan is longer than one year,
					 identify steps that will be taken during each year of the transition period;
					 and
(d) indicate the person
					 responsible for implementation of the plan.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14339 - Notice of the Availability of Accessible Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each recipient which is unable to comply with the
						provisions of section
						14149 within the sixty day period
						set forth in section
						14335 should be required by the
						responsible State agency to adopt and implement procedures to ensure that
						interested persons, including persons with impaired vision or hearing, can
						obtain information as to the existence and location of services, activities,
						and facilities that are accessible to and usable by people with
						disabilities.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14340 - New Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is a prohibited practice where a facility or part of a
						facility constructed by, on behalf of, or for the use of a covered entity is
						designed or constructed in such manner that the facility or part of the
						facility is not readily accessible to and usable by people with disabilities if
						the construction was commenced after the effective date of implementing
						regulations.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14341 - Alteration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It is a prohibited practice where each facility or part
						of a facility which is altered by, on behalf of, or for the use of a covered
						entity after the effective date of implementing regulations in a manner that
						affects or could affect the usability of the facility or part of the facility
						is not to the maximum extent feasible, altered in such manner that the altered
						portion of the facility is readily accessible to and usable by people with
						disabilities.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14342 - Accessibility Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Design, construction, or alteration of facilities in
						conformity with the Americans with Disabilities Act of 1990, as amended (for
						example, the standards set forth in the current "Americans with Disabilities
						Act (ADA) Standards for Accessible Design" adopted by the U.S. Department of
						Justice in 2010 (ADA 2010 Standards) and any other federal standard applicable
						to the facility such as the Uniform Federal Accessibility Standards (UFAS)),
						and the regulations promulgated by the Division of the State Architect pursuant
						to Chapter 7 (commencing with section
						4450), Division 5 of Title I of the
						Government Code ("California Building Code Chapters 11A and 11B,"), constitutes
						compliance with sections
						14340 and
						14341.
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11136 and 11139, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 9 - Nondiscrimination in State-Supported Programs and Activities › Article 12 - Specific Practices Prohibited - Disability, Medical Condition, and Genetic Information › Section 14343 - Accessible Transportation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 It is a prohibited practice for a covered entity, in carrying out any program
					 or activity directly, or through contractual, licensing or other arrangements,
					 to make or permit selections of sites or locations of facilities that fail to
					 consider and allow for the availability, or lack thereof, of accessible public
					 transportation for people with disabilities.
(b) It is a prohibited practice for covered
					 entities providing public or private transportation subject to section
					 504 of the Rehabilitation Act of
					 1973, as amended, and/or the Americans with Disabilities Act of 1990, as
					 amended, to fail to adhere to the nondiscrimination and accessibility
					 requirements of those Acts (for example, those set forth in the U.S. Department
					 of Justice (DOJ) implementing regulations at 28 CFR Parts 35 and 36, and those
					 set forth in the U.S. Department of Transportation (DOT) implementing
					 regulations at 49 CFR Parts 27, 37, 38, and 39, as those Parts existed in the
					 10/1/2018 revision, which includes compliance with DOT requirements governing
					 rail, bus, fixed-route, demand-responsive, and paratransit services, including
					 requirements relating to program access, new construction, alterations, and
					 vehicles).
(c) It is a prohibited
					 practice for covered entities operating fixed route bus systems or paratransit
					 systems to fail to adhere to the accessibility requirements for new vehicles or
					 alterations of existing vehicles as set forth in the Americans with
					 Disabilities Act of 1990, as amended, and section
					 504 of the Rehabilitation Act of
					 1973, as amended (for example and 49 CFR Part 27, as that Part existed in the
					 10/1/2018 revision).
Note: Authority cited: Section 12935(a), Government
						  Code. Reference: Sections 11135, 11139 and 11139.5, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 1 - Citation, Numbering, Construction, Severability › Section 16001.1.1 - Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Chapter may be cited as the "Local Agency Deposit
						Security Regulations."
1. New
						Chapter 2 (Sections
						16001.1.1 through
						16010.1.3 --not consecutive) filed
						6-17-70 as an emergency; designated effective 7-1-70. Certificate of
						Compliance--Section
						11422.1,
						Government Code, included (Register 70, No. 25).
2. Editorial
						redesignation of Chapter 2 (Sections
						16001.1.1 -
						16010.1.3, not consecutive) from
						Division 4 to Division 4.5 (Register 80, No.
						29).
Note: Authority cited for Chapter 2: Section
						  53661,
						  Government Code, as operative 7-1-70. Reference: Art. 2, Chap. 4, Part 1,
						  Division 2, Title 5, Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 1 - Citation, Numbering, Construction, Severability › Section 16001.1.2 - Section Numbers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The number of each Section in this Chapter consists of
						three or more units, each separated from the other by a decimal point. The
						first unit consists of five digits; the first three digits are "160," and the
						last two digits correspond with the Subchapter number. The second unit
						corresponds with the Article number. The third unit represents the sequential
						order of the Section within the Article. The fourth and succeeding units, if
						any, represent the sequential order of the Section within the preceding unit.
						Thus, Section
						16001.1.2 is the second Section in
						Article 1, Subchapter 1 of this Chapter.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 1 - Citation, Numbering, Construction, Severability › Section 16001.1.3 - Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In this Chapter, unless the context otherwise
						requires:
(a) Words in the singular
					 number include the plural, and in the plural include the singular.
(b) Words of the masculine gender include the
					 feminine and the neuter, and when the sense so indicates, words of the neuter
					 gender may refer to any gender.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 1 - Citation, Numbering, Construction, Severability › Section 16001.1.4 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision or clause of this Chapter or application
						thereof to any person or circumstances is held invalid, illegal, or
						unenforceable, such invalidity, illegality, or unenforceability shall not
						affect other provisions or applications of this Chapter which can be given
						effect without the invalid, illegal, or unenforceable provision or application,
						and to this end, the provisions of this Chapter are declared to be
						severable.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 2 - Definitions › Section 16001.2.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Subject to additional definitions contained in this
						Chapter which are applicable to specific Subchapters, Articles, or Sections
						thereof, and unless the context otherwise requires, in this Chapter:
(a) "Active deposit" means a deposit that is
					 payable on demand.
(b) "Addition of
					 a security" means a depository's placement of a security into a security pool
					 without a simultaneous withdrawal of a security from such security
					 pool.
(c) "Administrator" means the
					 Administrator of Local Agency Security of the State of California or any person
					 to whom the Administrator delegates the responsibility to act for him in the
					 particular matter.
(d) "Agent of
					 depository" means:
(1) The Federal Home Loan
					 Bank of San Francisco, if it accepts and holds a security that secures a
					 secured local agency deposit; or
(2) A trust company or the trust department
					 of a state or national bank located in this State which accepts and holds a
					 security that secures a secured local agency deposit.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 3 - Administration › Section 16001.3.1 - Office of Administrator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The office of the Administrator is located at 111 Pine
						Street, Suite 1100, San Francisco, California 94104 (Telephone: (415)
						263-8543.]
1.
						Amendment filed 11-10-71 as procedural and organizational; designated effective
						11-22-71 (Register 71, No. 46).
2. Amendment filed 7-22-75 as
						procedural and organizational; designated effective 7-23-75 (Register 75, No.
						30).
3. Amendment of section and new NOTE filed 4-7-97; operative
						4-7-97 pursuant to Government Code section
						11343.4(d)
						(Register 97, No. 15).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Article 2, Chapter 4, Part 1, Division 2, Title 5,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 3 - Administration › Section 16001.3.2 - Payment of Fees and Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Fees and assessments payable to the Administrator may be
						paid by means of check made payable to the order of the "Administrator of Local
						Agency Security." Such checks need not be certified.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 3 - Administration › Section 16001.3.3 - Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Copies of the forms which are illustrated in Subchapter
						10 of this Chapter are available from the Administrator upon
						request.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 3 - Administration › Section 16001.3.4 - Waiver of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 4-7-97; operative 4-7-97 pursuant to Government Code section
						11343.4(d)
						(Register 97, No. 15).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 4 - Hearings › Section 16001.4.1 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article governs the conduct of all hearings held in
						connection with matters pending before the Administrator.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 4 - Hearings › Section 16001.4.2 - Initiation of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Administrator shall commence a hearing by service of
						a notice of hearing.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 4 - Hearings › Section 16001.4.3 - Request for Hearing-Form, Contents, and Execution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Local Agency Deposit Security Law or this
						Chapter provides for the filing of a request for a hearing with the
						Administrator, such request shall be in writing, addressed to the
						Administrator, and if made by depository or agent of depository, executed on
						behalf of such depository or agent of depository by a duly authorized officer
						thereof. The request shall state the reasons why the person filing the request
						requests a hearing, specify the issues which such person requests to be
						considered at the hearing, and summarize the evidence which such person intends
						to present at the hearing.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 4 - Hearings › Section 16001.4.4 - Notice of Hearing-Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A notice of hearing shall contain the following:
(a) Brief statement of the facts which give
					 rise to the hearing.
(b) Statement
					 of the issues to be considered at the hearing.
(c) Time and place of the hearing.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 4 - Hearings › Section 16001.4.5 - Notice of Hearing-Service and Publication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A notice of hearing shall be served as provided in this
						Chapter and, in addition, may be otherwise distributed or published as the
						Administrator may order.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 4 - Hearings › Section 16001.4.6 - Time of Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A notice of hearing shall be served not less than five
						days nor more than 30 days prior to the date fixed for the hearing, unless the
						Administrator for good cause shown prescribes a shorter time of
						notice.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 4 - Hearings › Section 16001.4.7 - Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing officer shall be designated by the
						Administrator and may be the Administrator.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 4 - Hearings › Section 16001.4.8 - Continuances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing shall be held at the time and place set forth
						in the notice of hearing, but may at such time or from time to time be
						continued by the hearing officer from day to day or adjourned to a later date
						or to a given place, without notice other than the announcement thereof at the
						hearing.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 4 - Hearings › Section 16001.4.9 - Procedure and Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing officer shall determine the order in which
						evidence may be presented, as required by the circumstances of the particular
						matter. Witnesses shall give evidence upon oath or affirmation, and each
						interested party shall have the right to call and examine witnesses and
						cross-examine opposing witnesses in any manner relevant to the issues. Any
						relevant evidence shall be admitted if it is the type of evidence upon which
						responsible persons are accustomed to rely in the conduct of serious affairs,
						whether or not admissible over objection in a civil action. The hearing officer
						shall have authority to rule on the admission or exclusion of evidence and to
						take all necessary action to insure the fair and orderly conduct of the
						hearing. The hearing officer may take official notice of any generally accepted
						technical or scientific matter within the Administrator's special field of
						competency and also of any fact which may be judicially noticed by the
						courts.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.1 - Security Pool

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A depository may maintain one or more security pools;
						provided, however, that no depository shall maintain more than one security
						pool to secure any one secured local agency deposit, and no secured local
						agency deposit shall be secured by more than one security
						pool.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.2 - Placement and Acceptance of Securities in Security Pools

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A depository may place, and an agent of depository may
						accept, only eligible securities (non-REN) in a security pool (non-REN) and
						only eligible securities (REN) in a security pool (REN).
1.
						Repealer and new section filed 7-16-80; effective thirtieth day thereafter
						(Register 80, No. 29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Article 2, Chapter 4, Part 1, Division 2, Title 5,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.3 - Release of Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No agent of depository shall release a security held by
						it for the purpose of securing a secured local agency deposit except in
						accordance with the provisions of the Local Agency Deposit Security Law and
						this Chapter.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.4 - Retention of Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An agent of depository shall retain each document
						relating to an addition of a security, a withdrawal of a security, or a
						substitution of securities, or a copy thereof, for a period of not less than
						two years after such addition, withdrawal, or substitution is effected;
						provided, however, that nothing in this Section shall be deemed to require an
						agent of depository to retain a security or a copy thereof.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.5 - Segregation of Securities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An agent of depository shall segregate securities which
						it holds for the purpose of securing secured local agency deposits and keep
						such securities separate and apart from other securities held by it; and
						whenever an agent of depository holds two or more security pools, such agent of
						depository shall segregate each security pool and keep each security pool
						separate and apart from other security pools held by it.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.6 - Identification of Security Pool

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a depository maintains more than one security
						pool with an agent of depository, such depository and such agent of depository
						shall jointly assign an identification number to each such security
						pool.
Whenever the Local Agency Deposit Security Law or this
						Chapter requires an identification of a security pool or that a security pool
						be identified, there shall be furnished with respect to such security pool (i)
						the name of the agent of depository which holds such security pool, (ii) in
						case such security pool is one of two or more security pools maintained by a
						depository with an agent of depository, the identification number of such
						security pool, and (iii) in case such security pool is a security pool (REN), a
						statement to that effect.
1.
						Amendment filed 7-16-80; effective thirtieth day thereafter (Register 80, No.
						29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Article 2, Chapter 4, Part 1, Division 2, Title 5,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.7 - Description of Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Local Agency Deposit Security Law or this
						Chapter requires a description of a security or that a security be described,
						the following information shall be furnished with respect to such
						security:
(a) In case the security is
					 a security (non-REN):
(1) Name of
					 obligor.
(2) Type (e.g., bond,
					 debenture, note, etc.).
(3) Date of
					 maturity.
(4) Interest rate, if
					 any.
(5) Par value.
(6) In the case of a security which is a
					 bond, note, certificate of indebtedness, warrant, or other obligation issued by
					 any state of the United States (other than the State of California), the
					 Commonwealth of Puerto Rico, any local agency of such state or Commonwealth, or
					 any department, board, agency, or authority of such state or Commonwealth, the
					 rating of such security and the name of the investment service organization
					 which provided such rating.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.8 - Bonds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 4-7-97; operative 4-7-97 pursuant to Government Code section
						11343.4(d)
						(Register 97, No. 15).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.9 - Reports, Statements, and Other Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Local Agency Deposit Security Law or this
						Chapter requires that a report, statement, or other document be filed with,
						served on, or made available to the Administrator or a treasurer, such report,
						statement, or other document shall be typewritten or otherwise legibly printed
						in the English language and shall be in the form, contain the information, and
						be executed as prescribed in this Chapter, unless the Administrator or
						treasurer, as the case may be, directs or consents otherwise.
1.
						Amendment filed 3-1-73 as an emergency; designated effective 3-7-73 (Register
						73, No. 9).
2. Certificate of Compliance filed 5-2-73 (Register 73,
						No. 18).
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.10 - Execution of Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No officer or employee of a depository
					 duly authorized to execute any order of withdrawal or order of substitution
					 required in Subchapter 3 of this Chapter or to execute or verify any statement
					 or agreement relating to securities (REN) required in Subchapter 7 of this
					 Chapter shall be authorized to execute or verify or shall execute or verify any
					 statement of deposits required in Subchapter 3 of this Chapter.
(b) If a depository is authorized to engage
					 in the trust business in this State and is eligible to act as agent of
					 depository, no officer or employee of the trust department of such depository
					 shall be authorized to execute or shall execute any order, statement,
					 certificate, verification, report, or other document required by the Local
					 Agency Deposit Security Law or this Chapter of a depository or of a duly
					 authorized officer or employee of a depository.
(c) If an agent of depository is a
					 depository, no officer or employee of such depository other than an officer or
					 employee of the trust department of such depository, shall be authorized to
					 execute or shall execute any order, statement, certificate, verification,
					 report, or other document, required by the Local Agency Deposit Security Law or
					 this Chapter of an agent of depository or of a duly authorized officer or
					 employee of an agent of depository.
1.
						Amendment of subsection (a) filed 7-16-80; effective thirtieth day thereafter
						(Register 80, No. 29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Article 2, Chapter 4, Part 1, Division 2, Title 5,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.11 - Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Local Agency Deposit Security Law or this
						Chapter requires a verification or that a document be verified, the
						verification shall be made by affidavit, in which case the certificate of the
						officer taking the affidavit shall be attached thereto, or by an unsworn
						statement made in accordance with Code of Civil Procedure Section
						2015.5.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.12 - Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Local Agency Deposit Security Law or this
						Chapter requires that a document be served on a person, it may be served either
						by delivering the document to such person or by depositing the document in the
						United States mail, addressed to such person with first-class or airmail
						postage charges prepaid.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.13 - Uncollected Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of Government Code Section
						53652 and
						this Chapter, any item (other than cash) deposited with a depositary shall be
						deemed to be uncollected funds, as follows:
(a) In case the item is a check or draft
					 which is drawn on, payable at, or payable through an office of a bank located
					 in this State or a warrant drawn by a governmental agency located in this
					 State, for the period to and including the second business day after the day of
					 deposit. (For example, if the item is deposited on Monday, it will be
					 uncollected funds to and including the following Wednesday.)
(b) In the case of any other item, for the
					 period to and including the fourth business day after the day of deposit. (For
					 example, if the item is deposited on Monday, it will be uncollected funds to
					 and including the following Friday.)
1. New
						section filed 7-16-80; effective thirtieth day thereafter (Register 80, No.
						29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53652,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.14 - First Lien

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining for purposes of Government Code Section
						53651(m)
						or this Chapter whether a promissory note is secured by a first lien on real
						property, the items described in Financial Code Section
						766, unless
						an installment or payment thereunder (other than a rental or royalty under a
						lease) is due and delinquent, shall be disregarded.
1. New
						section filed 7-16-80; effective thirtieth day thereafter (Register 80, No.
						29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53651,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 1 - General Provisions › Article 5 - Miscellaneous › Section 16001.5.15 - Good Faith

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this Chapter, for a person to accept or
						to continue to accept a statement in good faith requires that such person (i)
						be and continue to be alert to the circumstances surrounding such statement and
						(ii) if the person has any information which would cause a prudent man not to
						accept or to continue to accept the statement without inquiry, he has
						investigated and is satisfied that the statement is truthful.
1. New
						section filed 7-16-80; effective thirtieth day thereafter (Register 80, No.
						29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Article 2, Chapter 4, Part 1, Division 2, Title 5
						  of the Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 2 - Agent of Depository › Article 1 - Eligibility to Act as Agent of Depository › Section 16002.1.1 - Eligibility to Act as Agent of Depository-Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Neither the Federal Home Loan Bank of San Francisco nor
						any trust company or bank shall act as agent of depository, nor shall any
						treasurer or any depository name the Federal Home Loan Bank of San Francisco or
						any trust company or bank to act as agent of depository, nor shall any
						depository place any security with the Federal Home Loan Bank of San Francisco
						or any trust company or bank for the purpose of securing a secured local agency
						deposit, unless the Federal Home Loan Bank of San Francisco or such trust
						company or bank, as the case may be, is eligible to act as agent of
						depository.
1.
						Amendment filed 7-16-80; effective thirtieth day thereafter (Register 80, No.
						29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Sections
						  53657 and
						  53661,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 2 - Agent of Depository › Article 1 - Eligibility to Act as Agent of Depository › Section 16002.1.2 - Eligibility to Act as Agent of Depository-Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Federal Home Loan Bank of San Francisco or a trust
						company or state or national bank located in this State and authorized to
						engage in the trust business in this State is eligible to act as agent of
						depository if it has filed with the Administrator an agreement of agent of
						depository in accordance with Article 2 of this Subchapter and if it is not
						declared by the Administrator ineligible to act as agent of
						depository.
1.
						Amendment filed 7-16-80; effective thirtieth day thereafter (Register 80, No.
						29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Sections
						  53657 and
						  53661,
						  Government Code.
California Code of Regulations › Title 2 - Administration › Division 4.5 - Local Agency Deposit Security › Chapter 2 - Administrator of Local Agency Security › Subchapter 2 - Agent of Depository › Article 2 - Agreement of Agent of Depository › Section 16002.2.1 - Agreement of Agent of Depository-Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In case the Federal Home Loan Bank of San
					 Francisco intends to act as agent of depository, it shall file with the
					 Administrator an agreement in form satisfactory to the Administrator.
(b) In case a trust company or state or
					 national bank located in this State and authorized to engage in the trust
					 business in this State intends to act as agent of depository, it shall file
					 with the Administrator an agreement on Form 1. (For an illustration of Form 1,
					 see Section
					 16010.1.1 of this
					 Chapter.)
1.
						Amendment filed 7-16-80; effective thirtieth day thereafter (Register 80, No.
						29).
Note: Authority cited: Section
						  53661,
						  Government Code. Reference: Section
						  53657,
						  Government Code.