1. (a) The Commissioner may deny an application for a license for any of the reasons in Section 100012, subdivision (b)(1) through (b)(7), of the Financial Code.

2. (b) The Commissioner will consider the following factors in deciding whether to deny a license to an applicant, or applicants in the case of affiliates seeking to be licensed under the same license:

   1. (1) The nature and seriousness of the applicant's prior violations involving dishonesty, fraud, or deceit that are substantially related to the qualifications, functions, or duties of a person engaged in the business of debt collection.
   2. (2) The harm to consumers from the applicant's prior violations involving dishonesty, fraud, or deceit that are substantially related to the qualifications, functions, or duties of a person engaged in the business of debt collection.
   3. (3) The number and frequency of the applicant's prior violations involving dishonesty, fraud, or deceit that are substantially related to the qualifications, functions, or duties of a person engaged in the business of debt collection.
   4. (4) The number of prior disciplinary actions taken against the applicant by regulatory agencies in California or other states.
   5. (5) Whether permitting an affiliate or affiliates to be licensed under the same license would violate or facilitate the violation of other laws.
3. (c) The Commissioner may deny an application for a license based on the prior violations or disciplinary actions of a single affiliate under the application.

Note: Authority cited: Section 100003, Financial Code. Reference: Section 100012, Financial Code.

History

1. New section filed 12-22-2021; operative 12-22-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.