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CA AB2559

Bill

Status

Passed

9/25/2020

Primary Sponsor

Rebecca Bauer-Kahan

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Expands the commissioner's authority to examine witnesses under oath to include all persons whose testimony relates to activities and businesses regulated under the California Financing Law, rather than limiting it to testimony relative to specific loans or assessment contracts.

  • Removes language stating that citations and fines paid by licensees shall not be reported as disciplinary action, allowing such enforcement actions to be included in disciplinary records.

  • Authorizes the commissioner to seek ancillary relief including refunds, restitution, disgorgement, or damages on behalf of injured persons when issuing citations or desist and refrain orders.

  • Establishes new procedural requirements for superior court enforcement of administrative fines, including mandatory hearing dates set at least 60 days after application filing and requiring the commissioner to serve respondents at least 15 days before the hearing.

  • Shifts burden of proof in court proceedings by making a certified copy of the commissioner's final order and proof of service sufficient prima facie evidence, requiring respondents to affirmatively demonstrate why the order is not final or proper notice was not given.

Legislative Description

California Financing Law: enforcement and penalties.

Last Action

Chaptered by Secretary of State - Chapter 160, Statutes of 2020.

9/25/2020

Committee Referrals

Appropriations8/13/2020
Banking and Financial Institutions6/23/2020
Rules6/9/2020
Appropriations5/20/2020
Banking and Finance3/12/2020

Full Bill Text

No bill text available