AB 1113, as introduced, 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a hearing is filed in writing and no hearing is held within 30 days, the order is required to be deemed to have been rescinded.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request for a hearing is filed or the person affected consents to a later date, the bill would require the order to be rescinded.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12103 of the Financial Code is amended
Whenever in the opinion of the commissioner any
4person is engaged in business as a check seller as defined in this
5division without a license from the commissioner, or any person
6or licensee is violating any provision of this division, the
7commissioner may order the person or licensee to desist and to
8refrain from engaging in such business or further violating this
begin delete If, after such an order is made, a request for a hearing is
10filed in writing and no hearing is held within 30 days thereafter,
11the order shall be deemed to have been rescinded.end delete