SECTIONS 16900-16906

16900.  (a) The commissioner may bring an action in the name of thepeople of this state in the superior court to enjoin any violationof, to enforce compliance with, or to collect any penalty or otherliability imposed under this division or any regulation or orderissued under this chapter. Upon a proper showing, a permanent orpreliminary injunction, restraining order, or writ of mandate shallbe granted, and a monitor, receiver, conservator, or other designatedfiduciary or officer of the court may be granted as appropriate. (b) A receiver, monitor, conservator, or other designatedfiduciary officer of the court appointed by the court pursuant tothis section may, with the approval of the court, exercise all of thepowers of the defendant's officers, directors, partners, trustees,or persons who exercise similar powers and perform similar duties,including the filing of a petition for bankruptcy. No action at lawor in equity may be maintained by any party against the commissioner,or a receiver, monitor, conservator, or other designated fiduciaryor officer of the court by reason of their exercising these powers orperforming these duties pursuant to the order of, or with theapproval of, the court. (c) If the commissioner finds that it is in the public interest,the commissioner may include in a claim for restitution,disgorgement, or damages on behalf of the person injured by the actor practice constituting the subject matter of the action, and thecourt shall have jurisdiction to award ancillary relief. (d) The provisions of this section that authorize the commissionerto bring actions and seek relief are not intended to, and do not,affect any right that any other person may have to bring the same orsimilar actions or to seek the same or similar relief.16900.5.  (a) If the commissioner finds that any person hasviolated, or that there is reasonable cause to believe that anyperson is about to violate, Section 16020, the commissioner may orderthe person to cease and desist from the violation unless and untilthe person is issued a license. (b) (1) Within 30 days after an order is issued pursuant tosubdivision (a), the person to whom the order is directed may filewith the commissioner an application for a hearing on the order. Ifthe commissioner fails to commence a hearing within 15 business daysafter the application is filed with him or her (or within such longerperiod to which the person consents), the order shall be deemedrescinded. At the hearing the commissioner shall affirm, modify, orrescind the order. (2) The right of any person, to whom an order is issued undersubdivision (a), to petition for judicial review of the order shallnot be affected by the failure of the person to apply to thecommissioner for a hearing on the order pursuant to paragraph (1).16901.  If, after notice and hearing, the commissioner finds thatany person has violated any provision of this chapter or of anyregulation or order issued under this chapter, the commissioner mayorder the person to pay to the commissioner a civil penalty imposedpursuant to Section 216.3.16902.  If, after notice and hearing, the commissioner finds any ofthe following with respect to a foreign (other nation) credit unionthat is licensed to maintain an office, the commissioner may issue anorder suspending or revoking the license of the foreign (othernation) credit union. (a) That the foreign (other nation) credit union has violated aprovision of this division or of any regulation or order issued underthis division or a provision of any other applicable law,regulation, or order. (b) That the foreign (other nation) credit union is transactingthe business in this state or elsewhere in an unsafe or unsoundmanner. (c) That the foreign (other nation) credit union is in unsafe orunsound condition. (d) That the foreign (other nation) credit union has ceased tooperate its office. (e) That the foreign (other nation) credit union is insolvent inthat it has ceased to pay its debts in the ordinary course ofbusiness, it cannot pay its debts as they become due, or itsliabilities exceed its assets. (f) That the foreign (other nation) credit union has suspendedpayment of its obligations, has made an assignment for the benefit ofits creditors, or has admitted in writing its inability to pay itsdebts as they become due. (g) That the foreign (other nation) credit union is the subject ofan order for relief in bankruptcy or has sought other relief underany bankruptcy, reorganization, insolvency, or moratorium law, orthat any person has applied for such relief under any such lawagainst the foreign (other nation) credit union, and the foreign(other nation) credit union has by any affirmative act approved of orconsented to the action or the relief has been granted. (h) That a receiver, liquidator, or conservator has been appointedfor the foreign (other nation) credit union or that any proceedingfor an appointment or any similar proceeding has been initiated inthe home country of the foreign (other nation) credit union. (i) That the existence of the foreign (other nation) credit unionor the authority of the foreign (other nation) credit union totransact banking business under the laws of the home country of theforeign (other nation) credit union has been suspended or terminated. (j) That any fact or condition exists that, if it had existed atthe time when the foreign (other nation) credit union applied forapproval to transact business in this state, would have been groundsfor denying the application.16903.  (a) If the commissioner finds that any of the factors setforth in Section 16902 is true with respect to any foreign (othernation) credit union that is licensed to maintain an office and thatit is necessary for the protection of the interests of creditors ofthe foreign (other nation) credit union's business in this state or,in any case, for the protection of the public interest that thecommissioner immediately suspend or revoke the license of the foreign(other nation) credit union, the commissioner may issue an ordersuspending or revoking the license of the foreign (other nation)credit union. (b) (1) Within 30 days after an order is issued pursuant tosubdivision (a), the foreign (other nation) credit union to which theorder is issued may file with the commissioner an application for ahearing on the order. If the commissioner fails to commence thehearing within 15 business days after the application is filed withthe commissioner (or within any longer period to which the foreign(other nation) credit union consents), the order shall be deemedrescinded. Within 30 days after the hearing, the commissioner shallaffirm, modify, or rescind the order; otherwise, the order shall bedeemed rescinded. (2) The right of any foreign (other nation) credit union to whichan order is issued under subdivision (a) to petition for judicialreview of the order shall not be affected by the failure of theforeign (other nation) credit union to apply to the commissioner fora hearing on the order pursuant to paragraph (1).16904.  Any foreign (other nation) credit union whose license tomaintain an office is suspended or revoked shall immediatelysurrender the license to the commissioner.16905.  (a) Any foreign (other nation) credit union to which anorder is issued under Section 16902 and 16903 may apply to thecommissioner to modify or rescind the order. The commissioner shallnot grant the application unless the commissioner finds that it is inthe public interest to do so and that it is reasonable to believethat the foreign (other nation) credit union will, if and when it isagain authorized to maintain an office, comply with all applicableprovisions of this division and of any regulation or order issuedunder this division. (b) The right of any foreign (other nation) credit union to whichan order is issued under Section 16902 or 16903 to petition forjudicial review of the order shall not be affected by the failure ofthe foreign (other nation) credit union to apply to the commissionerpursuant to subdivision (a) to modify or rescind the order.16906.  (a) If the commissioner finds that any of the factors setforth in Section 16902 is true with respect to any foreign (othernation) credit union which is authorized to transact business in thisstate and that it is necessary for the protection of the interestsof the creditors of the business of the foreign (other nation) creditunion in this state or for the protection of the public interestthat he or she take immediate possession of the property and businessof the foreign (other nation) credit union, the commissioner may byorder forthwith take possession of the property and business of theforeign (other nation) credit union and retain possession until theforeign (other nation) credit union resumes business in this state oris finally liquidated. The foreign (other nation) credit union may,with the consent of the commissioner, resume business in this stateunder the conditions as the commissioner may prescribe. (b) (1) Whenever the commissioner takes possession of the propertyand business of a foreign (other nation) credit union pursuant tosubdivision (a), the foreign (other nation) credit union may, within10 days, apply to the superior court in the county in which theprimary office in this state of the foreign (other nation) creditunion is located to enjoin further proceedings. The court may, afterciting the commissioner to show cause why further proceedings shouldnot be enjoined and after a hearing, dismiss the application orenjoin the commissioner from further proceedings and order him or herto surrender the property and business of the foreign (other nation)credit union to the foreign (other nation) credit union or make anyfurther order as may be just. (2) The judgment of the court may be appealed by the commissioneror by the foreign (other nation) credit union in the manner providedby law for appeals from the judgment of a superior court to the courtof appeal. In case the commissioner appeals the judgment of thecourt, the appeal shall operate as a stay of the judgment, and thecommissioner shall not be required to post any bond. (c) Whenever the commissioner takes possession of the property andbusiness of a foreign (other nation) credit union pursuant tosubdivision (a), the commissioner shall conserve or liquidate theproperty and business of the foreign (other nation) credit union inaccordance with Sections 14301 to 14304, inclusive. (d) When the commissioner has completed the liquidation of theproperty and business of a foreign (other nation) credit union inthis state, the commissioner shall transfer any remaining assets tothe foreign (other nation) credit union in accordance with any orderthe court may issue. However, in case the foreign (other nation)credit union has an office in another state of the United Stateswhich is in liquidation and the assets of that office appear to beinsufficient to pay in full the creditors of that office, the courtshall order the commissioner to transfer to the liquidator of thatoffice the amount of any remaining assets as appears to be necessaryto cover the insufficiency. If there are two or more offices and theamount of remaining assets is less than the aggregate amount ofinsufficiencies with respect to those offices, the court shall orderthe commissioner to distribute the remaining assets among theliquidators of the offices in the manner as the court determines isequitable.