Bill Text: CA AB1113 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Check Sellers, Bill Payers and Proraters Law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-07-15 - Chaptered by Secretary of State - Chapter 110, Statutes of 2015. [AB1113 Detail]

Download: California-2015-AB1113-Chaptered.html

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BILL NUMBER: AB 1113	CHAPTERED
	BILL TEXT

	CHAPTER  110
	FILED WITH SECRETARY OF STATE  JULY 15, 2015
	APPROVED BY GOVERNOR  JULY 15, 2015
	PASSED THE SENATE  JULY 2, 2015
	PASSED THE ASSEMBLY  MAY 14, 2015

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 27, 2015

   An act to amend Section 12103 of the Financial Code, relating to
business.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1113, Chau. Check Sellers, Bill Payers and Proraters Law.
   Existing law, the Check Sellers, Bill Payers and Proraters Law,
provides for the licensure and regulation of a check seller, defined
as a person who, among other things, for compensation, engages in the
business of selling checks, drafts, money orders, or other
commercial paper serving the same purpose, by the Commissioner of
Business Oversight. Under existing law, whenever in the opinion of
the commissioner any person is engaged in business as a check seller
without a license from the commissioner or any person or licensee is
violating the law, the commissioner is authorized to order the person
or licensee to desist and to refrain from engaging in that activity.
Under existing law, if, after an order is made, a request for a
hearing is filed in writing and no hearing is held within 30 days,
the order is required to be deemed to have been rescinded.
   This bill would, if, after an order has been served, a request for
a hearing is filed in writing within 30 days of the date of service
of the order, require a hearing to be held in accordance with the
Administrative Procedure Act. Unless the hearing is commenced within
15 business days after the request for a hearing is filed or the
person affected consents to a later date, the bill would require the
order to be rescinded.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12103 of the Financial Code is amended to read:

   12103.  Whenever in the opinion of the commissioner any person is
engaged in business as a check seller as defined in this division
without a license from the commissioner, or any person or licensee is
violating any provision of this division, the commissioner may order
the person or licensee to desist and to refrain from engaging in
such business or further violating this division. If, after an order
has been served, a request for a hearing is filed in writing within
30 days of the date of service of the order by the person to whom the
order was directed, a hearing shall be held in accordance with the
Administrative Procedure Act (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 the hearing is commenced within 15 business days
after the request for a hearing is filed or the person affected
consents to a later date, the order is rescinded.