1. (a) A licensee may authorize the Department to provide information to a financial institution for purposes of facilitating the provision of financial services. The authorization shall be made in writing, through a form prescribed by the Department, which shall include the following information:

   1. (1) The name of the licensed business for which the licensee is authorizing the release of information;
   2. (2) The business' license number(s);
   3. (3) The financial institution authorized to receive information;
   4. (4) The name, phone number, email address, and signature of the owner submitting the authorization;
   5. (5) The categories of information specified in subsection (b) that are authorized for release; and
   6. (6) An acknowledgement that the authorization to release information includes information that is otherwise protected from disclosure, that the licensee is waiving privilege and confidentiality, and that the scope of the release is strictly limited to the purposes of disclosure to the financial institution.

2. (b) After receipt of the authorization, the Department shall release the following information, as designated by the licensee, when requested by an authorized financial institution pursuant to section 15037.2 of this division:

   1. (1) The license application(s), including renewal applications, excluding information required to be kept confidential pursuant to Penal Code section 11105 and confidential personal information of individual owners of the licensed business;
   2. (2) Information captured in the track-and-trace system established pursuant to Business and Professions Code section 26067, including, but not limited to, aggregated sales or transfer information, as applicable; and
   3. (3) Documents issued to the licensee pursuant to disciplinary or enforcement proceedings.

3. (c) A licensee may withdraw the authorization to provide information to a financial institution at any time. The withdrawal shall be made in writing, through a form prescribed by the Department, and shall include the following information:

   1. (1) The name of the licensed business for which the licensee is withdrawing the authorization of the release of information;
   2. (2) The business' license number(s);
   3. (3) The financial institution from which authorization to receive information is withdrawn; and
   4. (4) The name, phone number, email address, and signature of the owner submitting the withdrawal.

Note: Authority cited: Section 26013, Business and Professions Code. Reference: Section 26260, Business and Professions Code.

History

1. Change without regulatory effect renumbering and amending former title 16, section 5037.1 to new title 4, section 15037.1 filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). For prior history of title 16, division 42, see Register 2019, No. 3.

2. Refiling of 2-1-2021 action adopting former title 16, section 5037.1, including amendment of subsection (b), 8-2-2021 as an emergency; operative 8-2-2021 (Register 2021, No. 32). This filing is deemed an emergency pursuant to Business and Professions Code section 26013(b)(3). A Certificate of Compliance must be transmitted to OAL by 1-31-2022 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 8-2-2021 order transmitted to OAL 1-27-2022 and filed 3-8-2022 (Register 2022, No. 10).