California Code of Regulations › Title 10 - Investment › Chapter 3 - Commissioner of Financial Protection and Innovation › Subchapter 6 - California Financing Law › Article 2 - Applications › Section 1422.5.1 - License Application Requirements for Program Administrators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
				  the requirements for a license application set forth in section
				  1422.5 of these rules, a program
				  administrator shall submit the following to the Commissioner.
(1) A copy of each central administration
				  agreement between the applicant and a public agency that authorizes the
				  applicant to administer a PACE program on behalf of the public
				  agency.
(2) A copy of the standard
				  agreement template for agreements with PACE solicitors and PACE solicitor
				  agents, which shall be received in confidence in accordance with paragraph
				  (d)(4) of Government Code section
				  6254.
(3) A copy of the standard agreement template
				  for assessment contracts with property owners. If the contracts vary by public
				  agency, submit a copy for each public agency.
(4) A completed PACE Program Administrator
				  Application Request for Information form, signed by an officer with authority
				  to sign on behalf of the program administrator, as follows:
STATE OF CALIFORNIA DEPARTMENT OF FINANCIAL
					 PROTECTION AND INNOVATION
PACE PROGRAM ADMINISTRATOR APPLICATION Request for
					 Information
NAME OF APPLICANT ______________________________
Applicants for a PACE program administrator license must
					 answer the following questions.
1.
				  Will you develop and implement policies and procedures for responding to
				  questions and addressing complaints of property owners, in compliance with
				  Financial Code section
				  22683 and
				  any currently operative rules of the Commissioner?
Yes []
No []
2.
				  Will you maintain a process for enrolling PACE solicitors and PACE solicitor
				  agents in compliance with Financial Code section
				  22680 and
				  any currently operative rules of the Commissioner?
Yes []
No []
3.
				  Will you comply with the requirement in Financial Code section
				  22684 that
				  prohibits a program administrator from executing an assessment contract unless
				  the criteria in that section are met?
Yes []
No []
4.
				  Will you comply with the requirement in Financial Code section
				  22686 that
				  prohibits a program administrator from executing an assessment contract unless
				  the program administrator makes a reasonable good faith determination that the
				  property owner has a reasonable ability to pay the annual payment obligations
				  for the PACE assessment, in accordance with Financial Code section
				  22687?
Yes []
No []
5.
				  Will you comply with the requirements in sections
				  5898.16 and
				  5898.17, and chapter 29 of part 3,
				  division 7 of the Streets and Highways Code, including section
				  5913, which requires a program
				  administrator to make an oral confirmation with a property owner of the key
				  terms of an assessment contract?
Yes []
No []
6.
				  Will you establish and maintain a training program for PACE solicitor agents
				  that includes introductory training and a test as required by subdivision (a)
				  of Financial Code section
				  22681, and
				  six hours of education on the topics set forth in that section?
Yes []
No []
The training program in question 6 shall be submitted to
					 the Commissioner and received in confidence in accordance with Government Code
					 section
					 6254,
					 subdivision (d)(4).
A program administrator may use a training program
					 containing the elements required by statute and regulation. If the Commissioner
					 determines that the program fails to contain the elements required by statute
					 and regulation, the Commissioner shall disapprove the continued use of the
					 training program. The disapproval of a training program shall not affect the
					 enrollment status of a PACE solicitor agent who has already completed the
					 training program, but the Commissioner may require revised training materials
					 be provided to PACE solicitor agents for any segment of training determined to
					 be materially deficient because it fails to comply with the law, is misleading,
					 or is inaccurate.
The above-named applicant has authorized the undersigned to
					 sign on its behalf.
I, the undersigned, have read this Request for Information
					 and understand the contents of the Request for Information, and certify that
					 the statements in the Request for Information are true and correct.
Executed at (City and State)
					 ______________________________, on this ___ day of ____________________,
					 20___.
____________________________________________________________
Signature
____________________________________________________________
Name of Signatory
____________________________________________________________
Title