California Administrative Code

The following format shall be used by a real estate broker who meets the criteria of Section 10232 of the Code for the annual report required by Section 10232.2(c). (Name of Reporting Broker) ____________________________________________(Principal Business Office Address) This rep…

In preparing the report required by Section 10232.2(c) of the Code, a sale or loan transaction shall be considered as business conducted in the fiscal year in which the escrow for the transaction closed.

(a) For an applicant to obtain an order of exemption from Civil Code Section 2923.52, the comprehensive loan modification program shall, at a minimum, be available for borrowers and residential mortgage loans meeting the following requirements: (1) The residential mortgage loan t…

(a) For the purposes of the denial, suspension, or revocation of a license pursuant to Section 141 or Division 1.5 (commencing with section 475) of the Business and Professions Code, a crime, professional misconduct, or act shall be considered to be substantially related to the q…

“Business day” means any day other than a holiday.

(a) For all emergency regulatory actions promulgated in accordance with Government Code section 11346.1, the agency must: (1) Prepare the documentation described in subsection (b); and either (A) Submit one hard copy of the documentation along with hard copies of all documents de…

(a) Subject to the approval of OAL as provided in subsections (c) and (d), an agency may add to, revise or delete text published in the California Code of Regulations without complying with the rulemaking procedure specified in article 5 of the APA only if the change does not mat…

(a) As used in these regulations, the following definitions apply: (1) “ALJ” means an administrative law judge of the Office of Administrative Hearings. (2) “Case” means the administrative action referred by an agency to OAH. (3) “Day” means a calendar day, unless otherwise speci…

(a) Subpoena forms are available from OAH. Subpoenas may also be issued pursuant to section 11450.20(a). (b) A Motion pursuant to section 11450.30 for a protective order, including a Motion to quash, shall be made in compliance with Regulation 1022. The Motion shall be made withi…

(a) A party seeking an order for closure or other protective order for all or part of a Hearing, including a request to seal the record, pursuant to section 11425.20 shall file a Motion stating in plain language the relief sought and the facts, circumstances, and legal authority …

(a) An agency shall allege in its pleading any request for costs, citing the applicable cost recovery statute or regulation. (b) Except as otherwise provided by law, proof of costs at the Hearing may be made by Declarations that contain specific and sufficient facts to support fi…

An appeal pursuant to Government Code § 11380 shall be in writing, entitled “Appeal of Business Reports and Forms Under Government Code section 11380”, and contain the following information, without which it will not be accepted for filing: (a) The name, address, phone number of …

The following time deadlines shall be observed: (a) Any petition submitted pursuant to Health and Safety Code Section 38061 shall be filed with either the Health and Welfare Agency, or the component department within that Agency, whichever is involved in the direct service contra…

Any party to a dispute may initiate mediation by filing a request for mediation as specified in Section 1206.

Confidentiality shall be governed by Government Code Section 11420.30, and Evidence Code Sections 703.5, 1152.5, and 1152.6.

(a) Selection of Arbitrator by Mutual Agreement (1) Once the parties agree to arbitration they shall then confer to select a single arbitrator or, if the parties so agree, a panel of three arbitrators. Unless the parties agree otherwise, selection of the arbitrator(s) shall take …

(a) Date and Time. The parties and the arbitrator(s) shall confer and mutually agree on the date(s) and time(s) for hearing. The date of hearing shall be scheduled to commence not more than 120 days after selection of the arbitrator(s). If the case is resolved before the hearing …

(a) Presumption Against Bifurcation. Except in extraordinary circumstances, the arbitrator(s) shall not bifurcate the arbitration. (b) Quorum. Where a panel of three arbitrators has been selected, any two members of a panel shall constitute a quorum, but the concurrence of a majo…

(a) Any Person may file a written application with an Agency requesting the issuance of a Declaratory Decision. An application for a Declaratory Decision shall be directed to the Agency head and shall be delivered personally or by certified mail. An application for a Declaratory …

Any Person may request an Agency to provide notice of commencement of, or other action concerning, a Declaratory Decision Proceeding. Any request for such notice shall be in writing and shall be directed to the Agency head. Requests shall be renewed annually.

(a) “Value or aggregate amount of outstanding shares and investment certificates” referred to in Section 5070, 6700.1, and 8150 of the law. The above term means the aggregate of the balances representing the liability to holders of shares, including dividends applicable therein, …

(a) Unless the Petitioner and Respondent otherwise agree, there shall be only one Arbitrator who shall be selected as hereinafter provided. (b) The Petitioner and Respondent shall have until 20 days after service of the complaint upon Respondent to agree on the selection of an Ar…

Petitioner may amend the complaint prior to the filing of an answer to the complaint by filing the amendment with the Office of Administrative Hearings. Amendments of the answer to the complaint or of the complaint subsequent to the filing of the answer to the complaint shall be …

(a) Subject to the provisions of these rules and applicable law including joinder of Interested Parties, cross-complaints may be filed and served as follows: (1) At the time of answering a complaint or cross-complaint; or (2) At a later time, if authorized by the Arbitrator upon …

All motions by the Parties shall be in writing, unless made on the record during hearing, and shall clearly state the action requested and the grounds relied upon. The original written motion, together with evidence of service of true copies thereof on all other Parties and the A…

(a) By stipulation of the relevant Parties, any matter or issue pending before the Arbitrator may be submitted on an agreed statement of facts. The Arbitrator may permit arguments thereon, written or oral, and render an award based on the agreed statements submitted and such argu…

(a) Oral evidence shall be taken only on oath or affirmation. (b) Each Party shall have these rights: to present evidence relevant to the issues; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examina…

In reviewing a regulation for compliance with the “authority” and “reference” requirements of Government Code section 11349.1, OAL shall apply the following standards and presumptions: (a) Sources of “Authority.” “Authority” shall be presumed to exist only if an agency cites in i…

In this Chapter, unless otherwise expressly provided: (a) A reference in any provision of this Chapter to a statute or to a regulation includes such statute or regulation as amended, whether before or after the effective date of such provision, as well as any new statute or regul…

“Advertisement” means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar communications media.

“Bank” has the meaning set forth in Financial Code Section 103. “Bank” includes state banks, national banks, and foreign banks; also, “bank” includes commercial banks and trust companies. However, “bank” does not include international banking corporations.

“Commercial bank with trust department” means a commercial bank which is authorized to engage in trust business.

“Federal,” when used with respect to a United States office of a foreign (other nation) bank, means an office which such bank is authorized to maintain under federal law.

(a) For purposes of Government Code section 57604, “financial product or service” means a type of product or service offered by a financial institution, such as a loan or a checking account or a savings account. Products and services are considered the same if they are in the sam…

This Subpart contains regulations relating to matters after an application for approval to establish a California state representative office is approved by the Commissioner.

This Subpart contains regulations relating to matters after an application for approval to establish a subject office is approved by the Superintendent.

Except as otherwise provided in Section 10.14176 of this Chapter, not less than five business days before the license for a subject office is to be issued, the applicant shall file with the Commissioner: (a) Appointment of Commissioner of Business Oversight as Attorney for Servic…

(a) The Commissioner's approval of an application for approval to establish a subject office shall, unless extended by the Commissioner, expire six months after the date of such approval. (b) An application for an extension of the Commissioner's approval of an application for app…

(a) “Office,” when used with respect to a bank, has the meaning set forth in Financial Code Section 121. (b) “Office,” when used with respect to a foreign bank, means any agency, branch office, or representative office.

“Personal property” has the meaning set forth in Civil Code Section 663.

“Private trust” has the meaning set forth in Financial Code Section 1601.

This Subpart contains regulations relating to approval of the approved depository of a subject institution.

For purposes of Financial Code Section 1811(b)(2), the market value of an eligible asset shall be determined as follows: (a) In the case of an eligible asset which is being or is proposed to be deposited and received in or withdrawn and released from a pledge deposit, as of the c…

This Subpart contains regulations relating to the applicable minimum.

Whenever a subject institution deposits, and the approved depository of such subject institution receives, an eligible asset in a pledge deposit, the subject institution shall provide to the approved depository, and the approved depository shall obtain from the subject institutio…

(a) “State,” when used with respect to a bank, means a bank which is organized under the laws of a state of the United States. (b) “State,” when used with respect to an office of a foreign (other nation) bank, means an office which such bank is authorized to maintain under the la…

“State of the United States” means a state of the United States or the District of Columbia.

(a) In administering Sections 10232.1 and 10235 of the Code, the commissioner shall take such action as is appropriate to prevent or halt the publication of advertising that is false, misleading or deceptive in itself or through the omission of information necessary to make a rep…