State Codes and Statutes

Statutes > California > Corp > 31400-31408

CORPORATIONS CODE
SECTION 31400-31408



31400.  (a) Whenever it appears to the commissioner that any person
has engaged or is about to engage in any act or practice constituting
a violation of any provision of this law or any rule or order
hereunder, the commissioner may in the commissioner's discretion
bring an action, or the commissioner may request the Attorney General
to bring an action in the name of the people of the State of
California, in the superior court to enjoin the acts or practices or
to enforce compliance with this law or any rule or order hereunder.
Upon a proper showing a permanent or preliminary injunction,
restraining order or writ of mandate shall be granted and a receiver
or conservator may be appointed for the defendant or the defendant's
assets.
   (b) If the commissioner determines it is in the public interest,
the commissioner may include in any action authorized by subdivision
(a) a claim for ancillary relief, including, but not limited to, a
claim for restitution or disgorgement or damages on behalf of the
persons injured by the act or practice constituting the subject
matter of the action, and the court shall have jurisdiction to award
that additional relief.



31400.1.  In any proceeding under Section 31400, the court may
prohibit, conditionally or unconditionally, and permanently or for
such period of time as it shall determine, any person who violated
Section 31200, 31201, or 31202 from acting as an officer or director
of any franchisor if the person's conduct demonstrates unfitness to
serve as an officer or director of the franchisor.



31401.  (a) The commissioner may in his discretion (1) make such
public or private investigations within or outside of this state as
he deems necessary to determine whether any person has violated or is
about to violate any provision of this law or any rule or order
hereunder or to aid in the enforcement of this law or in the
prescribing of rules and forms hereunder, and (2) publish information
concerning the violation of this law or any rule or order hereunder.
   (b) For the purpose of any investigation or proceeding under this
law, the commissioner or any officer designated by him may administer
oaths and affirmations, subpoena witnesses, compel their attendance,
take evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records
which the commissioner deems relevant or material to the inquiry.
   (c) In case of contumacy by, or refusal to obey a subpoena issued
to, any person, the superior court, upon application by the
commissioner, may issue to the person an order requiring him to
appear before the commissioner, or the officer designated by him,
there to produce documentary evidence, if so ordered, or to give
evidence touching the matter under investigation or in question.
Failure to obey the order of the court may be punished by the court
as a contempt.
   (d) No person is excused from attending and testifying or from
producing any document or record before the commissioner, or in
obedience to the subpoena of the commissioner or any officer
designated by him, or in any proceeding instituted by the
commissioner, on the ground that the testimony or evidence
(documentary or otherwise) required of him may tend to incriminate
him or subject him to a penalty or forfeiture; but no individual may
be prosecuted or subjected to any penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which he is
compelled, after validly claiming his privilege against
self-incrimination, to testify or produce evidence (documentary or
otherwise), except that the individual testifying is not exempt from
prosecution and punishment for perjury or contempt committed in
testifying.



31402.  If, in the opinion of the commissioner, the offer of any
franchise is subject to registration under this law and it is being,
or it has been, offered for sale without the offer first being
registered, the commissioner may order the franchisor or offeror of
that franchise to desist and refrain from the further offer or sale
of that franchise unless and until the offer has been duly registered
under this law. If, after that order has been made, a request for a
hearing is filed in writing within 60 days from the date of service
of the order by the person to whom the order was directed, a hearing
shall be held in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the commissioner shall have all of the powers granted under that
chapter. Unless that hearing is commenced within 15 business days
after the request is made (or the person affected consents to a later
date), the order shall be deemed rescinded.
   If that person fails to file a written request for a hearing
within 60 days from the date of service of the order, the order shall
be deemed a final order of the commissioner and shall not be subject
to review by any court or agency, notwithstanding Section 31501.



31403.  If, in the opinion of the commissioner, the offer of any
franchise exempt from registration under this law is being or has
been offered for sale without complying with Section 31201, or any
other provision that provides an exemption from Chapter 2 (commencing
with Section 31110) of Part 2, the commissioner may order the
franchisor or offeror of the franchise to desist and refrain from the
further offer or sale of the franchise unless and until the offer is
made in compliance with this law. If, after that order has been
made, a request for a hearing is filed in writing within 60 days from
the date of service of the order by the person to whom the order was
directed, a hearing shall be held in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code and the commissioner shall have all of the
powers granted under that chapter. Unless that hearing is commenced
within 15 business days after the request is made, or the person
affected consents to a later date, the order shall be deemed
rescinded.
   If that person fails to file a written request for a hearing
within 60 days from the date of service of the order, the order shall
be deemed a final order of the commissioner and shall not be subject
to review by any court or agency, notwithstanding Section 31501.



31404.  The commissioner may refer evidence that is available
concerning any violation of this law or of any rule or order
hereunder to the district attorney of the county in which the
violation occurred, who may, with or without such a reference,
institute appropriate criminal proceedings under this law. Upon
request of the district attorney, the commissioner and the counsel,
deputies, or assistants of the commissioner may assist the district
attorney in presenting the law or facts at the trial.



31405.  (a) Any person who violates any provision of this law, or
who violates any rule or order made under this law, shall be liable
for a civil penalty not to exceed ten thousand dollars ($10,000) for
each violation, which shall be assessed and recovered in a civil
action brought in the name of the people of the State of California
by the commissioner in any court of competent jurisdiction.
   (b) As applied to the penalties for acts in violation of this
division, the remedies provided by this section and by other sections
of this division are not exclusive, and may be sought and employed
in any combination to enforce the provisions of this division.
   (c) No action shall be maintained to enforce any liability created
under subdivision (a) unless brought before the expiration of four
years after the act or transaction constituting the violation.



31406.  (a) If, upon inspection or investigation, based upon a
complaint or otherwise, the commissioner has cause to believe that a
person is violating any provision of this division or any rule or
order promulgated pursuant to this division, the commissioner may
issue a citation to that person in writing describing with
particularity the basis of the citation. Each citation may contain an
order to desist and refrain and an assessment of an administrative
penalty not to exceed two thousand five hundred dollars ($2,500) per
violation and shall contain reference to this section, including the
provisions of subdivision (c). All penalties collected under this
section shall be deposited in the State Corporations Fund.
   (b) The sanctions authorized under this section shall be separate
from, and in addition to, all other administrative, civil, or
criminal remedies.
   (c) If within 60 days from the receipt of the citation, the person
cited fails to notify the commissioner that the person intends to
request a hearing as described in subdivision (d), the citation shall
be deemed final.
   (d) Any hearing under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
   (e) After the exhaustion of the review procedures provided for in
this section, the commissioner may apply to the appropriate superior
court for a judgment in the amount of the administrative penalty and
order compelling the cited person to comply with the order of the
commissioner. The application shall include a certified copy of the
final order of the commissioner and shall constitute a sufficient
showing to warrant the issuance of the judgment and order.



31407.  (a) If, after examination or investigation, the commissioner
has reasonable grounds to believe that any person is conducting
business in violation of any provision of this division or related
rule or order binding upon it, the commissioner may, by written order
addressed to the person, direct the discontinuance of the violation.
The order shall be effective immediately, but shall not become final
except in accordance with subdivision (b).
   (b) An order issued pursuant to this section shall not become
final except after notice to the affected person of the commissioner'
s intention to make the order final and of the reasons for the
finding. The commissioner shall also notify the person that upon
receiving a request the matter shall be set for hearing to commence
within 15 business days after receipt of the request. The person may
consent to have the hearing commence at a later date. If no hearing
is requested within 60 days after the mailing or service of the
required notice, and none is ordered by the commissioner, the order
may become final without a hearing and that person shall immediately
discontinue the practices named in the order. If a hearing is
requested or ordered it shall be held in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the commissioner shall have all of the
powers granted under that chapter. If, upon the conclusion of the
hearing, it appears to the commissioner that the person is violating
any provision of this division or any related rule or order binding
upon it, the commissioner shall make the order of discontinuance
final and the person shall immediately discontinue the practices
named in the order.


31408.  (a) If the commissioner determines it is in the public
interest, the commissioner may include in any administrative action
brought under this division, including a stop order, a claim for
ancillary relief, including, but not limited to, a claim for
rescission, restitution or disgorgement or damages on behalf of the
persons injured by the act or practice constituting the subject
matter of the action, and the administrative law judge shall have
jurisdiction to award additional relief. The person affected may be
required to attend remedial education, as directed by the
commissioner.
   (b) In an administrative action brought under this part the
commissioner is entitled to recover costs, which in the discretion of
the administrative law judge may include any amount representing
reasonable attorney's fees and investigative expenses for the
services rendered, for deposit into the State Corporations Fund for
the use of the Department of Corporations.


State Codes and Statutes

Statutes > California > Corp > 31400-31408

CORPORATIONS CODE
SECTION 31400-31408



31400.  (a) Whenever it appears to the commissioner that any person
has engaged or is about to engage in any act or practice constituting
a violation of any provision of this law or any rule or order
hereunder, the commissioner may in the commissioner's discretion
bring an action, or the commissioner may request the Attorney General
to bring an action in the name of the people of the State of
California, in the superior court to enjoin the acts or practices or
to enforce compliance with this law or any rule or order hereunder.
Upon a proper showing a permanent or preliminary injunction,
restraining order or writ of mandate shall be granted and a receiver
or conservator may be appointed for the defendant or the defendant's
assets.
   (b) If the commissioner determines it is in the public interest,
the commissioner may include in any action authorized by subdivision
(a) a claim for ancillary relief, including, but not limited to, a
claim for restitution or disgorgement or damages on behalf of the
persons injured by the act or practice constituting the subject
matter of the action, and the court shall have jurisdiction to award
that additional relief.



31400.1.  In any proceeding under Section 31400, the court may
prohibit, conditionally or unconditionally, and permanently or for
such period of time as it shall determine, any person who violated
Section 31200, 31201, or 31202 from acting as an officer or director
of any franchisor if the person's conduct demonstrates unfitness to
serve as an officer or director of the franchisor.



31401.  (a) The commissioner may in his discretion (1) make such
public or private investigations within or outside of this state as
he deems necessary to determine whether any person has violated or is
about to violate any provision of this law or any rule or order
hereunder or to aid in the enforcement of this law or in the
prescribing of rules and forms hereunder, and (2) publish information
concerning the violation of this law or any rule or order hereunder.
   (b) For the purpose of any investigation or proceeding under this
law, the commissioner or any officer designated by him may administer
oaths and affirmations, subpoena witnesses, compel their attendance,
take evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records
which the commissioner deems relevant or material to the inquiry.
   (c) In case of contumacy by, or refusal to obey a subpoena issued
to, any person, the superior court, upon application by the
commissioner, may issue to the person an order requiring him to
appear before the commissioner, or the officer designated by him,
there to produce documentary evidence, if so ordered, or to give
evidence touching the matter under investigation or in question.
Failure to obey the order of the court may be punished by the court
as a contempt.
   (d) No person is excused from attending and testifying or from
producing any document or record before the commissioner, or in
obedience to the subpoena of the commissioner or any officer
designated by him, or in any proceeding instituted by the
commissioner, on the ground that the testimony or evidence
(documentary or otherwise) required of him may tend to incriminate
him or subject him to a penalty or forfeiture; but no individual may
be prosecuted or subjected to any penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which he is
compelled, after validly claiming his privilege against
self-incrimination, to testify or produce evidence (documentary or
otherwise), except that the individual testifying is not exempt from
prosecution and punishment for perjury or contempt committed in
testifying.



31402.  If, in the opinion of the commissioner, the offer of any
franchise is subject to registration under this law and it is being,
or it has been, offered for sale without the offer first being
registered, the commissioner may order the franchisor or offeror of
that franchise to desist and refrain from the further offer or sale
of that franchise unless and until the offer has been duly registered
under this law. If, after that order has been made, a request for a
hearing is filed in writing within 60 days from the date of service
of the order by the person to whom the order was directed, a hearing
shall be held in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the commissioner shall have all of the powers granted under that
chapter. Unless that hearing is commenced within 15 business days
after the request is made (or the person affected consents to a later
date), the order shall be deemed rescinded.
   If that person fails to file a written request for a hearing
within 60 days from the date of service of the order, the order shall
be deemed a final order of the commissioner and shall not be subject
to review by any court or agency, notwithstanding Section 31501.



31403.  If, in the opinion of the commissioner, the offer of any
franchise exempt from registration under this law is being or has
been offered for sale without complying with Section 31201, or any
other provision that provides an exemption from Chapter 2 (commencing
with Section 31110) of Part 2, the commissioner may order the
franchisor or offeror of the franchise to desist and refrain from the
further offer or sale of the franchise unless and until the offer is
made in compliance with this law. If, after that order has been
made, a request for a hearing is filed in writing within 60 days from
the date of service of the order by the person to whom the order was
directed, a hearing shall be held in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code and the commissioner shall have all of the
powers granted under that chapter. Unless that hearing is commenced
within 15 business days after the request is made, or the person
affected consents to a later date, the order shall be deemed
rescinded.
   If that person fails to file a written request for a hearing
within 60 days from the date of service of the order, the order shall
be deemed a final order of the commissioner and shall not be subject
to review by any court or agency, notwithstanding Section 31501.



31404.  The commissioner may refer evidence that is available
concerning any violation of this law or of any rule or order
hereunder to the district attorney of the county in which the
violation occurred, who may, with or without such a reference,
institute appropriate criminal proceedings under this law. Upon
request of the district attorney, the commissioner and the counsel,
deputies, or assistants of the commissioner may assist the district
attorney in presenting the law or facts at the trial.



31405.  (a) Any person who violates any provision of this law, or
who violates any rule or order made under this law, shall be liable
for a civil penalty not to exceed ten thousand dollars ($10,000) for
each violation, which shall be assessed and recovered in a civil
action brought in the name of the people of the State of California
by the commissioner in any court of competent jurisdiction.
   (b) As applied to the penalties for acts in violation of this
division, the remedies provided by this section and by other sections
of this division are not exclusive, and may be sought and employed
in any combination to enforce the provisions of this division.
   (c) No action shall be maintained to enforce any liability created
under subdivision (a) unless brought before the expiration of four
years after the act or transaction constituting the violation.



31406.  (a) If, upon inspection or investigation, based upon a
complaint or otherwise, the commissioner has cause to believe that a
person is violating any provision of this division or any rule or
order promulgated pursuant to this division, the commissioner may
issue a citation to that person in writing describing with
particularity the basis of the citation. Each citation may contain an
order to desist and refrain and an assessment of an administrative
penalty not to exceed two thousand five hundred dollars ($2,500) per
violation and shall contain reference to this section, including the
provisions of subdivision (c). All penalties collected under this
section shall be deposited in the State Corporations Fund.
   (b) The sanctions authorized under this section shall be separate
from, and in addition to, all other administrative, civil, or
criminal remedies.
   (c) If within 60 days from the receipt of the citation, the person
cited fails to notify the commissioner that the person intends to
request a hearing as described in subdivision (d), the citation shall
be deemed final.
   (d) Any hearing under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
   (e) After the exhaustion of the review procedures provided for in
this section, the commissioner may apply to the appropriate superior
court for a judgment in the amount of the administrative penalty and
order compelling the cited person to comply with the order of the
commissioner. The application shall include a certified copy of the
final order of the commissioner and shall constitute a sufficient
showing to warrant the issuance of the judgment and order.



31407.  (a) If, after examination or investigation, the commissioner
has reasonable grounds to believe that any person is conducting
business in violation of any provision of this division or related
rule or order binding upon it, the commissioner may, by written order
addressed to the person, direct the discontinuance of the violation.
The order shall be effective immediately, but shall not become final
except in accordance with subdivision (b).
   (b) An order issued pursuant to this section shall not become
final except after notice to the affected person of the commissioner'
s intention to make the order final and of the reasons for the
finding. The commissioner shall also notify the person that upon
receiving a request the matter shall be set for hearing to commence
within 15 business days after receipt of the request. The person may
consent to have the hearing commence at a later date. If no hearing
is requested within 60 days after the mailing or service of the
required notice, and none is ordered by the commissioner, the order
may become final without a hearing and that person shall immediately
discontinue the practices named in the order. If a hearing is
requested or ordered it shall be held in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the commissioner shall have all of the
powers granted under that chapter. If, upon the conclusion of the
hearing, it appears to the commissioner that the person is violating
any provision of this division or any related rule or order binding
upon it, the commissioner shall make the order of discontinuance
final and the person shall immediately discontinue the practices
named in the order.


31408.  (a) If the commissioner determines it is in the public
interest, the commissioner may include in any administrative action
brought under this division, including a stop order, a claim for
ancillary relief, including, but not limited to, a claim for
rescission, restitution or disgorgement or damages on behalf of the
persons injured by the act or practice constituting the subject
matter of the action, and the administrative law judge shall have
jurisdiction to award additional relief. The person affected may be
required to attend remedial education, as directed by the
commissioner.
   (b) In an administrative action brought under this part the
commissioner is entitled to recover costs, which in the discretion of
the administrative law judge may include any amount representing
reasonable attorney's fees and investigative expenses for the
services rendered, for deposit into the State Corporations Fund for
the use of the Department of Corporations.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Corp > 31400-31408

CORPORATIONS CODE
SECTION 31400-31408



31400.  (a) Whenever it appears to the commissioner that any person
has engaged or is about to engage in any act or practice constituting
a violation of any provision of this law or any rule or order
hereunder, the commissioner may in the commissioner's discretion
bring an action, or the commissioner may request the Attorney General
to bring an action in the name of the people of the State of
California, in the superior court to enjoin the acts or practices or
to enforce compliance with this law or any rule or order hereunder.
Upon a proper showing a permanent or preliminary injunction,
restraining order or writ of mandate shall be granted and a receiver
or conservator may be appointed for the defendant or the defendant's
assets.
   (b) If the commissioner determines it is in the public interest,
the commissioner may include in any action authorized by subdivision
(a) a claim for ancillary relief, including, but not limited to, a
claim for restitution or disgorgement or damages on behalf of the
persons injured by the act or practice constituting the subject
matter of the action, and the court shall have jurisdiction to award
that additional relief.



31400.1.  In any proceeding under Section 31400, the court may
prohibit, conditionally or unconditionally, and permanently or for
such period of time as it shall determine, any person who violated
Section 31200, 31201, or 31202 from acting as an officer or director
of any franchisor if the person's conduct demonstrates unfitness to
serve as an officer or director of the franchisor.



31401.  (a) The commissioner may in his discretion (1) make such
public or private investigations within or outside of this state as
he deems necessary to determine whether any person has violated or is
about to violate any provision of this law or any rule or order
hereunder or to aid in the enforcement of this law or in the
prescribing of rules and forms hereunder, and (2) publish information
concerning the violation of this law or any rule or order hereunder.
   (b) For the purpose of any investigation or proceeding under this
law, the commissioner or any officer designated by him may administer
oaths and affirmations, subpoena witnesses, compel their attendance,
take evidence, and require the production of any books, papers,
correspondence, memoranda, agreements, or other documents or records
which the commissioner deems relevant or material to the inquiry.
   (c) In case of contumacy by, or refusal to obey a subpoena issued
to, any person, the superior court, upon application by the
commissioner, may issue to the person an order requiring him to
appear before the commissioner, or the officer designated by him,
there to produce documentary evidence, if so ordered, or to give
evidence touching the matter under investigation or in question.
Failure to obey the order of the court may be punished by the court
as a contempt.
   (d) No person is excused from attending and testifying or from
producing any document or record before the commissioner, or in
obedience to the subpoena of the commissioner or any officer
designated by him, or in any proceeding instituted by the
commissioner, on the ground that the testimony or evidence
(documentary or otherwise) required of him may tend to incriminate
him or subject him to a penalty or forfeiture; but no individual may
be prosecuted or subjected to any penalty or forfeiture for or on
account of any transaction, matter, or thing concerning which he is
compelled, after validly claiming his privilege against
self-incrimination, to testify or produce evidence (documentary or
otherwise), except that the individual testifying is not exempt from
prosecution and punishment for perjury or contempt committed in
testifying.



31402.  If, in the opinion of the commissioner, the offer of any
franchise is subject to registration under this law and it is being,
or it has been, offered for sale without the offer first being
registered, the commissioner may order the franchisor or offeror of
that franchise to desist and refrain from the further offer or sale
of that franchise unless and until the offer has been duly registered
under this law. If, after that order has been made, a request for a
hearing is filed in writing within 60 days from the date of service
of the order by the person to whom the order was directed, a hearing
shall be held in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the commissioner shall have all of the powers granted under that
chapter. Unless that hearing is commenced within 15 business days
after the request is made (or the person affected consents to a later
date), the order shall be deemed rescinded.
   If that person fails to file a written request for a hearing
within 60 days from the date of service of the order, the order shall
be deemed a final order of the commissioner and shall not be subject
to review by any court or agency, notwithstanding Section 31501.



31403.  If, in the opinion of the commissioner, the offer of any
franchise exempt from registration under this law is being or has
been offered for sale without complying with Section 31201, or any
other provision that provides an exemption from Chapter 2 (commencing
with Section 31110) of Part 2, the commissioner may order the
franchisor or offeror of the franchise to desist and refrain from the
further offer or sale of the franchise unless and until the offer is
made in compliance with this law. If, after that order has been
made, a request for a hearing is filed in writing within 60 days from
the date of service of the order by the person to whom the order was
directed, a hearing shall be held in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code and the commissioner shall have all of the
powers granted under that chapter. Unless that hearing is commenced
within 15 business days after the request is made, or the person
affected consents to a later date, the order shall be deemed
rescinded.
   If that person fails to file a written request for a hearing
within 60 days from the date of service of the order, the order shall
be deemed a final order of the commissioner and shall not be subject
to review by any court or agency, notwithstanding Section 31501.



31404.  The commissioner may refer evidence that is available
concerning any violation of this law or of any rule or order
hereunder to the district attorney of the county in which the
violation occurred, who may, with or without such a reference,
institute appropriate criminal proceedings under this law. Upon
request of the district attorney, the commissioner and the counsel,
deputies, or assistants of the commissioner may assist the district
attorney in presenting the law or facts at the trial.



31405.  (a) Any person who violates any provision of this law, or
who violates any rule or order made under this law, shall be liable
for a civil penalty not to exceed ten thousand dollars ($10,000) for
each violation, which shall be assessed and recovered in a civil
action brought in the name of the people of the State of California
by the commissioner in any court of competent jurisdiction.
   (b) As applied to the penalties for acts in violation of this
division, the remedies provided by this section and by other sections
of this division are not exclusive, and may be sought and employed
in any combination to enforce the provisions of this division.
   (c) No action shall be maintained to enforce any liability created
under subdivision (a) unless brought before the expiration of four
years after the act or transaction constituting the violation.



31406.  (a) If, upon inspection or investigation, based upon a
complaint or otherwise, the commissioner has cause to believe that a
person is violating any provision of this division or any rule or
order promulgated pursuant to this division, the commissioner may
issue a citation to that person in writing describing with
particularity the basis of the citation. Each citation may contain an
order to desist and refrain and an assessment of an administrative
penalty not to exceed two thousand five hundred dollars ($2,500) per
violation and shall contain reference to this section, including the
provisions of subdivision (c). All penalties collected under this
section shall be deposited in the State Corporations Fund.
   (b) The sanctions authorized under this section shall be separate
from, and in addition to, all other administrative, civil, or
criminal remedies.
   (c) If within 60 days from the receipt of the citation, the person
cited fails to notify the commissioner that the person intends to
request a hearing as described in subdivision (d), the citation shall
be deemed final.
   (d) Any hearing under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
   (e) After the exhaustion of the review procedures provided for in
this section, the commissioner may apply to the appropriate superior
court for a judgment in the amount of the administrative penalty and
order compelling the cited person to comply with the order of the
commissioner. The application shall include a certified copy of the
final order of the commissioner and shall constitute a sufficient
showing to warrant the issuance of the judgment and order.



31407.  (a) If, after examination or investigation, the commissioner
has reasonable grounds to believe that any person is conducting
business in violation of any provision of this division or related
rule or order binding upon it, the commissioner may, by written order
addressed to the person, direct the discontinuance of the violation.
The order shall be effective immediately, but shall not become final
except in accordance with subdivision (b).
   (b) An order issued pursuant to this section shall not become
final except after notice to the affected person of the commissioner'
s intention to make the order final and of the reasons for the
finding. The commissioner shall also notify the person that upon
receiving a request the matter shall be set for hearing to commence
within 15 business days after receipt of the request. The person may
consent to have the hearing commence at a later date. If no hearing
is requested within 60 days after the mailing or service of the
required notice, and none is ordered by the commissioner, the order
may become final without a hearing and that person shall immediately
discontinue the practices named in the order. If a hearing is
requested or ordered it shall be held in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the commissioner shall have all of the
powers granted under that chapter. If, upon the conclusion of the
hearing, it appears to the commissioner that the person is violating
any provision of this division or any related rule or order binding
upon it, the commissioner shall make the order of discontinuance
final and the person shall immediately discontinue the practices
named in the order.


31408.  (a) If the commissioner determines it is in the public
interest, the commissioner may include in any administrative action
brought under this division, including a stop order, a claim for
ancillary relief, including, but not limited to, a claim for
rescission, restitution or disgorgement or damages on behalf of the
persons injured by the act or practice constituting the subject
matter of the action, and the administrative law judge shall have
jurisdiction to award additional relief. The person affected may be
required to attend remedial education, as directed by the
commissioner.
   (b) In an administrative action brought under this part the
commissioner is entitled to recover costs, which in the discretion of
the administrative law judge may include any amount representing
reasonable attorney's fees and investigative expenses for the
services rendered, for deposit into the State Corporations Fund for
the use of the Department of Corporations.