1. (a) The Department shall take appropriate administrative and/or legal action to receive payment or recover any Departmental equipment, vehicles, or other items loaned to the client if they are improperly disposed of or the client, upon receiving a verbal or written request from the Department, fails to return them. Such actions may include, but are not limited to:

   1. (1) Informal attempts by the Counselor to recover the property.
   2. (2) Obtaining reimbursement for the item's fair market value as determined in accordance with section 1794(c).
   3. (3) Commencing an investigation under the authority of section 11180, Government Code.

   4. (4) In the case of pawned property, both of the following:

      1. (A) Informing the pawnbroker that California Commercial Code sections 1201(9) and 2403 specifically exempt pawnbrokers from ownership rights afforded the buyer in the purchase of goods sold in violation of the ownership rights or security interest of a third party.
      2. (B) Demanding the property's return.
   5. (5) Notifying local law enforcement.
   6. (6) Initiating proceedings in small claims court.

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Sections 19018 and 19150, Welfare and Institutions Code; and 34 CFR Section 361.47(a).

History

1. Renumbering and amendment of former section 7194(b) to section 7195 filed 12-28-90; operative 1-27-91 (Register 91, No. 7).

2. New article heading filed 1-2-92; operative 3-2-92 (Register 92, No. 18).

3. Change without regulatory effect relocating article heading to section 7196 filed 8-17-92 pursuant to title 1, section 100, California Code of Regulations (Register 92, No. 34).