31100. The commissioner shall administer the provisions of this
division.
31101. (a) The commissioner may from time to time issue such
regulations and orders as are in his or her opinion necessary to
carry out the provisions and purposes of this division.
(b) Regulations and orders issued under this division may, among
other things, define any term used in this division, including (but
not limited to) the term "unsafe or unsound act", as well as any term
not used in this division.
(c) For purposes of regulations and orders issued under this
division, the commissioner may classify persons, transactions, and
other matters within his or her jurisdiction, and may prescribe
different regulations or orders for different classes.
(d) The commissioner may waive any provision of any regulation or
order issued under this division in any case where in his or her
opinion such provision is not necessary in the public interest.
31102. Whenever the commissioner issues an order or license under
this division, he or she may impose such conditions as are in his or
her opinion necessary to carry out the provisions and purposes of
this division.
31103. Every final order, decision, license, or other official act
of the commissioner under this division is subject to judicial review
in accordance with law.
31104. In any proceeding under this division:
(a) The burden of proving that an application should be approved
is upon the applicant.
(b) The burden of proving an exemption or an exception from a
definition is upon the person claiming such exemption or such
exception from a definition.
31105. No provision of this division shall be construed to require
by implication that the commissioner hold a hearing on any matter.
31106. No provision of this division shall be construed to require
by implication that the commissioner make written findings on any
matter.
31107. Any application filed with the commissioner under this
division or under any regulation or order issued under this division
shall be in such form, shall contain such information, shall be
signed in such manner, and shall (if the commissioner so requires by
regulation or order) be verified in such manner, as the commissioner
may by regulation or order require.
31108. In determining whether to approve any application filed
under this division or under any regulation or order issued under
this division, the commissioner may consider proposals made by the
applicant, including (but not limited to) proposals to appoint
officers, sell securities, or obtain financing; and, if in the
opinion of the commissioner it is probable that such applicant will
be able to implement any such proposal, the commissioner may make
findings on the basis of such proposal; provided, however, that,
whenever the commissioner approves an application on the basis, in
whole or in part, of a proposal made by the applicant, the
commissioner shall impose upon such approval appropriate conditions
requiring that such applicant implement such proposal within such
period of time as the commissioner may specify.
31109. The commissioner may honor applications from interested
persons for interpretive opinions regarding any provision of this
division or of any regulation or order issued under this division.
31110. (a) The commissioner may (1) make such public or private
investigations within or outside this state as he or she deems
necessary to determine whether to approve any application filed with
him or her under this division or under any regulation or order
issued under this division, to determine whether any person has
violated or is about to violate any provision of this division or of
any regulation or order issued under this division, to aid in the
enforcement of any provision of this division or of any regulation or
order issued under this division, or to aid in the issuing of
regulations or orders under this division, and (2) publish
information concerning any violation of any provision of this
division or of any regulation or order issued under this division.
(b) For purposes of any investigation, examination, or other
proceeding under this division, the commissioner 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 such person an order requiring him to
appear before the commissioner, there to produce documentary
evidence, if so ordered, or to give evidence touching the matter
under investigation or in question. Failure to obey such order of the
court may be punished by the court as a contempt.
31110.5. The commissioner may provide information relating to a
licensee to the Small Business Administration or to any governmental
agency which licenses or regulates the licensee or any parent or
subsidiary of the licensee.
31111. Notwithstanding the fact that the commissioner permits any
licensee, any affiliate of such licensee, or any governmental agency
to inspect or make copies of any record relating to such licensee or
to any director, officer, employee, or affiliate of such licensee or
that the commissioner provides any such record, or a copy thereof, to
any such person, any provision of Section 6254 or 6255 of the
Government Code which would, but for such fact, apply to such record,
shall continue to apply to such record.
31112. The commissioner may refer such evidence as is available
concerning any violation of this division or of any regulation or
order issued under this division which constitutes a crime to the
district attorney of the county in which such violation occurred, who
may, with or without such a reference, institute appropriate
criminal proceedings.
31113. Before any applicant for a license is issued a license, such
applicant and each parent and subsidiary of such applicant shall
file, and each person who becomes a parent or subsidiary of a
licensee shall, not less than 30 days after becoming a parent or
subsidiary of such licensee, file, with the commissioner, in such
form as the commissioner may by regulation or order require, an
irrevocable consent appointing the commissioner and his or her
successor from time to time in office to be such person's attorney to
receive service of any lawful process in any noncriminal judicial or
administrative proceeding against such person, or his or her
successor, executor, or administrator, which arises under this
division or under any regulation or order issued under this division
after such consent has been filed, with the same force and validity
as if served personally on such person. Service may be made by
leaving a copy of the process at any office of the commissioner, but
such service is not effective unless (a) the party making such
service, who may be the commissioner, forthwith sends notice of such
service and a copy of the process by registered or certified mail to
the party served at his or her last address on file with the
commissioner, and (b) an affidavit of compliance with this section by
the party making service is filed in the case on or before the
return date, if any, or within such further time as the court, in the
case of a judicial proceeding, or the administrative agency, in the
case of an administrative proceeding, allows.
31114. Whenever any person, including any nonresident of this
state, engages in conduct prohibited or made actionable by this
division or by any regulation or order issued under this division,
whether or not the person has filed a consent to service of process
under Section 31113, and if personal jurisdiction over the person
cannot otherwise be obtained in this state, that conduct shall be
considered equivalent to the person's appointment of the commissioner
and the commissioner's successor from time to time in office to be
the person's attorney to receive service of any lawful process in any
noncriminal judicial or administrative proceeding against him or
her, or his or her successor, executor, or administrator, which grows
out of that conduct and which is brought under this division or
under any regulation or order issued under this division, with the
same force and validity as if served on him or her personally.
Service may be made by leaving a copy of the process in any office of
the commissioner, but the service is not effective unless (a) the
party making the service, who may be the commissioner, forthwith
sends notice of the service and a copy of the process by registered
or certified mail to the party served at his or her last known
address or takes other steps which are reasonably calculated to give
actual notice, and (b) an affidavit of compliance with this section
by the party making service is filed in the case on or before the
return date, if any, or within such further time as the court, in the
case of a judicial proceeding, or the administrative agency, in the
case of an administrative proceeding, allows.
31115. (a) Fees shall be paid to, and collected by, the
commissioner, as follows:
(1) The fee for filing with the commissioner an application for a
license shall be two thousand dollars ($2,000).
(2) The fee for filing with the commissioner an application for
approval to acquire control of a licensee shall be one thousand
dollars ($1,000).
(3) The fee for filing with the commissioner an application for
approval for a licensee to merge with another corporation; an
application for approval for a licensee to purchase all or
substantially all of the business of another person, or an
application for approval for a licensee to sell all or substantially
all of its business or of the business of any of its offices to
another licensee, shall be one thousand dollars ($1,000). However,
whenever two or more applications relating to the same merger,
purchase, or sale are filed with the commissioner, the fee for filing
each application shall be the quotient determined by dividing one
thousand dollars ($1,000) by the number of the applications.
(4) The fee for filing with the commissioner an application for
approval to relocate the head office of a licensee shall be one
hundred dollars ($100).
(5) The fee for issuing a license shall be twenty-five dollars
($25).
(6) Each person that is licensed under this division on June 1 of
any year shall pay, on or before the following July 1, a fee of two
thousand dollars ($2,000).
(7) Whenever the commissioner examines any licensee or any
affiliate of a licensee, that licensee shall pay, within 10 days
after receipt of a statement from the commissioner, a fee of
seventy-five dollars ($75) per hour for each examiner engaged in the
examination plus, in case it is necessary for any examiner engaged in
the examination to travel outside this state, the travel expenses of
the examiner.
(b) (1) Each fee for filing an application with the commissioner
shall be paid at the time when the application is filed with the
commissioner.
(2) No fee for filing an application with the commissioner shall
be refundable, regardless of whether the application is approved,
denied, withdrawn, or abandoned.
31100. The commissioner shall administer the provisions of this
division.
31101. (a) The commissioner may from time to time issue such
regulations and orders as are in his or her opinion necessary to
carry out the provisions and purposes of this division.
(b) Regulations and orders issued under this division may, among
other things, define any term used in this division, including (but
not limited to) the term "unsafe or unsound act", as well as any term
not used in this division.
(c) For purposes of regulations and orders issued under this
division, the commissioner may classify persons, transactions, and
other matters within his or her jurisdiction, and may prescribe
different regulations or orders for different classes.
(d) The commissioner may waive any provision of any regulation or
order issued under this division in any case where in his or her
opinion such provision is not necessary in the public interest.
31102. Whenever the commissioner issues an order or license under
this division, he or she may impose such conditions as are in his or
her opinion necessary to carry out the provisions and purposes of
this division.
31103. Every final order, decision, license, or other official act
of the commissioner under this division is subject to judicial review
in accordance with law.
31104. In any proceeding under this division:
(a) The burden of proving that an application should be approved
is upon the applicant.
(b) The burden of proving an exemption or an exception from a
definition is upon the person claiming such exemption or such
exception from a definition.
31105. No provision of this division shall be construed to require
by implication that the commissioner hold a hearing on any matter.
31106. No provision of this division shall be construed to require
by implication that the commissioner make written findings on any
matter.
31107. Any application filed with the commissioner under this
division or under any regulation or order issued under this division
shall be in such form, shall contain such information, shall be
signed in such manner, and shall (if the commissioner so requires by
regulation or order) be verified in such manner, as the commissioner
may by regulation or order require.
31108. In determining whether to approve any application filed
under this division or under any regulation or order issued under
this division, the commissioner may consider proposals made by the
applicant, including (but not limited to) proposals to appoint
officers, sell securities, or obtain financing; and, if in the
opinion of the commissioner it is probable that such applicant will
be able to implement any such proposal, the commissioner may make
findings on the basis of such proposal; provided, however, that,
whenever the commissioner approves an application on the basis, in
whole or in part, of a proposal made by the applicant, the
commissioner shall impose upon such approval appropriate conditions
requiring that such applicant implement such proposal within such
period of time as the commissioner may specify.
31109. The commissioner may honor applications from interested
persons for interpretive opinions regarding any provision of this
division or of any regulation or order issued under this division.
31110. (a) The commissioner may (1) make such public or private
investigations within or outside this state as he or she deems
necessary to determine whether to approve any application filed with
him or her under this division or under any regulation or order
issued under this division, to determine whether any person has
violated or is about to violate any provision of this division or of
any regulation or order issued under this division, to aid in the
enforcement of any provision of this division or of any regulation or
order issued under this division, or to aid in the issuing of
regulations or orders under this division, and (2) publish
information concerning any violation of any provision of this
division or of any regulation or order issued under this division.
(b) For purposes of any investigation, examination, or other
proceeding under this division, the commissioner 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 such person an order requiring him to
appear before the commissioner, there to produce documentary
evidence, if so ordered, or to give evidence touching the matter
under investigation or in question. Failure to obey such order of the
court may be punished by the court as a contempt.
31110.5. The commissioner may provide information relating to a
licensee to the Small Business Administration or to any governmental
agency which licenses or regulates the licensee or any parent or
subsidiary of the licensee.
31111. Notwithstanding the fact that the commissioner permits any
licensee, any affiliate of such licensee, or any governmental agency
to inspect or make copies of any record relating to such licensee or
to any director, officer, employee, or affiliate of such licensee or
that the commissioner provides any such record, or a copy thereof, to
any such person, any provision of Section 6254 or 6255 of the
Government Code which would, but for such fact, apply to such record,
shall continue to apply to such record.
31112. The commissioner may refer such evidence as is available
concerning any violation of this division or of any regulation or
order issued under this division which constitutes a crime to the
district attorney of the county in which such violation occurred, who
may, with or without such a reference, institute appropriate
criminal proceedings.
31113. Before any applicant for a license is issued a license, such
applicant and each parent and subsidiary of such applicant shall
file, and each person who becomes a parent or subsidiary of a
licensee shall, not less than 30 days after becoming a parent or
subsidiary of such licensee, file, with the commissioner, in such
form as the commissioner may by regulation or order require, an
irrevocable consent appointing the commissioner and his or her
successor from time to time in office to be such person's attorney to
receive service of any lawful process in any noncriminal judicial or
administrative proceeding against such person, or his or her
successor, executor, or administrator, which arises under this
division or under any regulation or order issued under this division
after such consent has been filed, with the same force and validity
as if served personally on such person. Service may be made by
leaving a copy of the process at any office of the commissioner, but
such service is not effective unless (a) the party making such
service, who may be the commissioner, forthwith sends notice of such
service and a copy of the process by registered or certified mail to
the party served at his or her last address on file with the
commissioner, and (b) an affidavit of compliance with this section by
the party making service is filed in the case on or before the
return date, if any, or within such further time as the court, in the
case of a judicial proceeding, or the administrative agency, in the
case of an administrative proceeding, allows.
31114. Whenever any person, including any nonresident of this
state, engages in conduct prohibited or made actionable by this
division or by any regulation or order issued under this division,
whether or not the person has filed a consent to service of process
under Section 31113, and if personal jurisdiction over the person
cannot otherwise be obtained in this state, that conduct shall be
considered equivalent to the person's appointment of the commissioner
and the commissioner's successor from time to time in office to be
the person's attorney to receive service of any lawful process in any
noncriminal judicial or administrative proceeding against him or
her, or his or her successor, executor, or administrator, which grows
out of that conduct and which is brought under this division or
under any regulation or order issued under this division, with the
same force and validity as if served on him or her personally.
Service may be made by leaving a copy of the process in any office of
the commissioner, but the service is not effective unless (a) the
party making the service, who may be the commissioner, forthwith
sends notice of the service and a copy of the process by registered
or certified mail to the party served at his or her last known
address or takes other steps which are reasonably calculated to give
actual notice, and (b) an affidavit of compliance with this section
by the party making service is filed in the case on or before the
return date, if any, or within such further time as the court, in the
case of a judicial proceeding, or the administrative agency, in the
case of an administrative proceeding, allows.
31115. (a) Fees shall be paid to, and collected by, the
commissioner, as follows:
(1) The fee for filing with the commissioner an application for a
license shall be two thousand dollars ($2,000).
(2) The fee for filing with the commissioner an application for
approval to acquire control of a licensee shall be one thousand
dollars ($1,000).
(3) The fee for filing with the commissioner an application for
approval for a licensee to merge with another corporation; an
application for approval for a licensee to purchase all or
substantially all of the business of another person, or an
application for approval for a licensee to sell all or substantially
all of its business or of the business of any of its offices to
another licensee, shall be one thousand dollars ($1,000). However,
whenever two or more applications relating to the same merger,
purchase, or sale are filed with the commissioner, the fee for filing
each application shall be the quotient determined by dividing one
thousand dollars ($1,000) by the number of the applications.
(4) The fee for filing with the commissioner an application for
approval to relocate the head office of a licensee shall be one
hundred dollars ($100).
(5) The fee for issuing a license shall be twenty-five dollars
($25).
(6) Each person that is licensed under this division on June 1 of
any year shall pay, on or before the following July 1, a fee of two
thousand dollars ($2,000).
(7) Whenever the commissioner examines any licensee or any
affiliate of a licensee, that licensee shall pay, within 10 days
after receipt of a statement from the commissioner, a fee of
seventy-five dollars ($75) per hour for each examiner engaged in the
examination plus, in case it is necessary for any examiner engaged in
the examination to travel outside this state, the travel expenses of
the examiner.
(b) (1) Each fee for filing an application with the commissioner
shall be paid at the time when the application is filed with the
commissioner.
(2) No fee for filing an application with the commissioner shall
be refundable, regardless of whether the application is approved,
denied, withdrawn, or abandoned.
31100. The commissioner shall administer the provisions of this
division.
31101. (a) The commissioner may from time to time issue such
regulations and orders as are in his or her opinion necessary to
carry out the provisions and purposes of this division.
(b) Regulations and orders issued under this division may, among
other things, define any term used in this division, including (but
not limited to) the term "unsafe or unsound act", as well as any term
not used in this division.
(c) For purposes of regulations and orders issued under this
division, the commissioner may classify persons, transactions, and
other matters within his or her jurisdiction, and may prescribe
different regulations or orders for different classes.
(d) The commissioner may waive any provision of any regulation or
order issued under this division in any case where in his or her
opinion such provision is not necessary in the public interest.
31102. Whenever the commissioner issues an order or license under
this division, he or she may impose such conditions as are in his or
her opinion necessary to carry out the provisions and purposes of
this division.
31103. Every final order, decision, license, or other official act
of the commissioner under this division is subject to judicial review
in accordance with law.
31104. In any proceeding under this division:
(a) The burden of proving that an application should be approved
is upon the applicant.
(b) The burden of proving an exemption or an exception from a
definition is upon the person claiming such exemption or such
exception from a definition.
31105. No provision of this division shall be construed to require
by implication that the commissioner hold a hearing on any matter.
31106. No provision of this division shall be construed to require
by implication that the commissioner make written findings on any
matter.
31107. Any application filed with the commissioner under this
division or under any regulation or order issued under this division
shall be in such form, shall contain such information, shall be
signed in such manner, and shall (if the commissioner so requires by
regulation or order) be verified in such manner, as the commissioner
may by regulation or order require.
31108. In determining whether to approve any application filed
under this division or under any regulation or order issued under
this division, the commissioner may consider proposals made by the
applicant, including (but not limited to) proposals to appoint
officers, sell securities, or obtain financing; and, if in the
opinion of the commissioner it is probable that such applicant will
be able to implement any such proposal, the commissioner may make
findings on the basis of such proposal; provided, however, that,
whenever the commissioner approves an application on the basis, in
whole or in part, of a proposal made by the applicant, the
commissioner shall impose upon such approval appropriate conditions
requiring that such applicant implement such proposal within such
period of time as the commissioner may specify.
31109. The commissioner may honor applications from interested
persons for interpretive opinions regarding any provision of this
division or of any regulation or order issued under this division.
31110. (a) The commissioner may (1) make such public or private
investigations within or outside this state as he or she deems
necessary to determine whether to approve any application filed with
him or her under this division or under any regulation or order
issued under this division, to determine whether any person has
violated or is about to violate any provision of this division or of
any regulation or order issued under this division, to aid in the
enforcement of any provision of this division or of any regulation or
order issued under this division, or to aid in the issuing of
regulations or orders under this division, and (2) publish
information concerning any violation of any provision of this
division or of any regulation or order issued under this division.
(b) For purposes of any investigation, examination, or other
proceeding under this division, the commissioner 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 such person an order requiring him to
appear before the commissioner, there to produce documentary
evidence, if so ordered, or to give evidence touching the matter
under investigation or in question. Failure to obey such order of the
court may be punished by the court as a contempt.
31110.5. The commissioner may provide information relating to a
licensee to the Small Business Administration or to any governmental
agency which licenses or regulates the licensee or any parent or
subsidiary of the licensee.
31111. Notwithstanding the fact that the commissioner permits any
licensee, any affiliate of such licensee, or any governmental agency
to inspect or make copies of any record relating to such licensee or
to any director, officer, employee, or affiliate of such licensee or
that the commissioner provides any such record, or a copy thereof, to
any such person, any provision of Section 6254 or 6255 of the
Government Code which would, but for such fact, apply to such record,
shall continue to apply to such record.
31112. The commissioner may refer such evidence as is available
concerning any violation of this division or of any regulation or
order issued under this division which constitutes a crime to the
district attorney of the county in which such violation occurred, who
may, with or without such a reference, institute appropriate
criminal proceedings.
31113. Before any applicant for a license is issued a license, such
applicant and each parent and subsidiary of such applicant shall
file, and each person who becomes a parent or subsidiary of a
licensee shall, not less than 30 days after becoming a parent or
subsidiary of such licensee, file, with the commissioner, in such
form as the commissioner may by regulation or order require, an
irrevocable consent appointing the commissioner and his or her
successor from time to time in office to be such person's attorney to
receive service of any lawful process in any noncriminal judicial or
administrative proceeding against such person, or his or her
successor, executor, or administrator, which arises under this
division or under any regulation or order issued under this division
after such consent has been filed, with the same force and validity
as if served personally on such person. Service may be made by
leaving a copy of the process at any office of the commissioner, but
such service is not effective unless (a) the party making such
service, who may be the commissioner, forthwith sends notice of such
service and a copy of the process by registered or certified mail to
the party served at his or her last address on file with the
commissioner, and (b) an affidavit of compliance with this section by
the party making service is filed in the case on or before the
return date, if any, or within such further time as the court, in the
case of a judicial proceeding, or the administrative agency, in the
case of an administrative proceeding, allows.
31114. Whenever any person, including any nonresident of this
state, engages in conduct prohibited or made actionable by this
division or by any regulation or order issued under this division,
whether or not the person has filed a consent to service of process
under Section 31113, and if personal jurisdiction over the person
cannot otherwise be obtained in this state, that conduct shall be
considered equivalent to the person's appointment of the commissioner
and the commissioner's successor from time to time in office to be
the person's attorney to receive service of any lawful process in any
noncriminal judicial or administrative proceeding against him or
her, or his or her successor, executor, or administrator, which grows
out of that conduct and which is brought under this division or
under any regulation or order issued under this division, with the
same force and validity as if served on him or her personally.
Service may be made by leaving a copy of the process in any office of
the commissioner, but the service is not effective unless (a) the
party making the service, who may be the commissioner, forthwith
sends notice of the service and a copy of the process by registered
or certified mail to the party served at his or her last known
address or takes other steps which are reasonably calculated to give
actual notice, and (b) an affidavit of compliance with this section
by the party making service is filed in the case on or before the
return date, if any, or within such further time as the court, in the
case of a judicial proceeding, or the administrative agency, in the
case of an administrative proceeding, allows.
31115. (a) Fees shall be paid to, and collected by, the
commissioner, as follows:
(1) The fee for filing with the commissioner an application for a
license shall be two thousand dollars ($2,000).
(2) The fee for filing with the commissioner an application for
approval to acquire control of a licensee shall be one thousand
dollars ($1,000).
(3) The fee for filing with the commissioner an application for
approval for a licensee to merge with another corporation; an
application for approval for a licensee to purchase all or
substantially all of the business of another person, or an
application for approval for a licensee to sell all or substantially
all of its business or of the business of any of its offices to
another licensee, shall be one thousand dollars ($1,000). However,
whenever two or more applications relating to the same merger,
purchase, or sale are filed with the commissioner, the fee for filing
each application shall be the quotient determined by dividing one
thousand dollars ($1,000) by the number of the applications.
(4) The fee for filing with the commissioner an application for
approval to relocate the head office of a licensee shall be one
hundred dollars ($100).
(5) The fee for issuing a license shall be twenty-five dollars
($25).
(6) Each person that is licensed under this division on June 1 of
any year shall pay, on or before the following July 1, a fee of two
thousand dollars ($2,000).
(7) Whenever the commissioner examines any licensee or any
affiliate of a licensee, that licensee shall pay, within 10 days
after receipt of a statement from the commissioner, a fee of
seventy-five dollars ($75) per hour for each examiner engaged in the
examination plus, in case it is necessary for any examiner engaged in
the examination to travel outside this state, the travel expenses of
the examiner.
(b) (1) Each fee for filing an application with the commissioner
shall be paid at the time when the application is filed with the
commissioner.
(2) No fee for filing an application with the commissioner shall
be refundable, regardless of whether the application is approved,
denied, withdrawn, or abandoned.
