2007 California Financial Code Article 1. General Provisions

CA Codes (fin:33200-33209)

33200.  The commissioner shall administer the provisions of this
division.


33201.  Every final order, decision, license, or other official act
of the commissioner under this division is subject to judicial review
in accordance with law.



33202.  (a) The commissioner may from time to time issue such
regulations and orders as are in his or her opinion necessary to
carry out the provisions and purposes of this division.
   (b) Regulations and orders issued under this division may, among
other things, define any term used in this division, including the
term "unsafe or unsound act", as well as any term not used in this
division.
   (c) For purposes of regulations and orders issued under this
division, the commissioner may classify persons, transactions, and
other matters within his or her jurisdiction, and may prescribe
different regulations or orders for different classes.
   (d) The commissioner may waive any provision of any regulation or
order issued under this division in any case where in his or her
opinion such provision is not necessary in the public interest.



33203.  Whenever the commissioner issues an order or license under
this division, the commissioner may impose such conditions as are in
his or her opinion necessary to carry out the provisions and purposes
of this division.


33204.  In any proceeding under this division:
   (a) The burden of proving that an application should be approved
is upon the applicant.
   (b) The burden of proving an exemption or an exception from a
definition is upon the person claiming such exemption or such
exception from a definition.



33205.  The commissioner may honor applications from interested
persons for interpretive opinions regarding any provision of this
division or of any regulation or order issued under this division.



33206.  Notwithstanding that the commissioner permits any licensee,
any affiliate of such licensee, or any governmental agency to inspect
or make copies of any record relating to such licensee or to any
director, officer, employee, affiliate, or agent of such licensee or
that the commissioner provides any such record, or a copy thereof, to
any such person, any provision of Sections 6254 and 6255 of the
Government Code which would, but for such fact, apply to such record,
shall continue to apply to such record.



33207.  (a) The commissioner may (1) make such public or private
investigations within or outside this state as the commissioner deems
necessary to determine whether to approve any application filed with
the commissioner under this division or under any regulation or
order issued under this division, to determine whether any person has
violated or is about to violate any provision of this division or of
any regulation or order issued under this division, to aid in the
enforcement of any provision of this division or of any regulation or
order issued under this division, or to aid in the issuing of
regulations or orders under this division, and (2) publish
information concerning any violation of any provision of this
division or of any regulation or order issued under this division.
   (b) For purposes of any investigation, examination, or other
proceeding under this division, the commissioner may administer oaths
and affirmations, subpoena witnesses, compel their attendance, take
evidence, and require the production of any documents which the
commissioner deems relevant or material to the inquiry.
   (c) In case of contumacy by, or refusal to obey a subpoena issued
to, any person, the superior court, upon application by the
commissioner, may issue to such person an order requiring such person
to appear before the commissioner, there to produce documentary
evidence, if so ordered, or to give evidence touching the matter
under investigation or in question.  Failure to obey such order of
the court may be punished by the court as a contempt.



33208.  The commissioner may refer such evidence as is available
concerning any violation of this division or of any regulation or
order issued under this division which constitutes a crime to the
district attorney of the county in which such violation occurred, who
may, with or without such a reference, institute appropriate
criminal proceedings.



33209.  (a) The several powers granted to the commissioner under
this division are in addition to, and not in limitation of, each
other.  The fact that the commissioner possesses, or has exercised, a
power under any provision of this division shall not preclude him or
her from exercising a power under any other provision of this
division.
   (b) The several powers granted to the commissioner under this
division are in addition to, and not in limitation of, his powers
under other provisions of law.  The fact that the commissioner
possesses, or has exercised, a power under any other provision of law
shall not preclude him or her from exercising any power under this
division; nor shall the fact that the commissioner possesses, or has
exercised, a power under any provision of this division preclude him
or her from exercising a power under any other provision of law.