2007 California Financial Code Chapter 6. Assessments

CA Codes (fin:50400-50402)

50400.  The commissioner has the authority to levy assessments for
the support of this part as provided for in this chapter.



50401.  (a) In addition to other fees and reimbursements required to
be paid under this division, each licensee shall pay to the
commissioner an amount equal to the lesser of:  (1) its pro rata
share of all costs and expenses (including overhead and the
maintenance of a prudent reserve not to exceed 90 days' costs and
expenses) that the commissioner reasonably expects to incur in the
current fiscal year in the administration of this division and not
otherwise recovered by the commissioner under this division or from
the State Corporations Fund, plus a deficit or less a surplus
actually incurred during the prior fiscal year; or (2) five thousand
dollars (,000).  The pro rata share shall be the greater of either
one thousand dollars (,000) or the sum of:  (A) a number derived
from the ratio of the aggregate principal amount of the mortgage
loans secured by residential real property originated by the licensee
to all mortgage loans secured by residential real property
originated by all licensees under this division, as shown by the
annual financial reports to the commissioner, which number is then
multiplied by one-half of the costs and expenses estimated by the
commissioner for the current fiscal year; plus (B) a number derived
from the ratio of the average value of mortgage loans secured by
residential real property serviced by a licensee to the average value
of all mortgage loans secured by residential real property serviced
by all licensees under this division, as shown by the annual
financial reports to the commissioner, which number is then
multiplied by one-half of the costs and expenses estimated by the
commissioner for the current fiscal year.  For the purposes of this
section, the "principal amount" of a mortgage loan means the initial
total amount a borrower is obligated to repay the lender and the
"average value" of loans serviced means the sum of the aggregate
dollar value of all mortgage loans secured by residential real
property serviced by a licensee, calculated as of the last day of
each month in the calendar year just ended, divided by 12.
   In order for the commissioner to calculate the assessment under
this section, each licensee shall file an annual report for the
calendar year just ended containing the information required by the
commissioner on or before March 1 of the year in which the assessment
is to be calculated.
   In determining the amount assessed, the commissioner shall
consider all appropriations from the State Corporations Fund for the
support of this division and all reimbursements provided for under
this division.
   (b) In no case shall the reimbursement, payment, or other fee
authorized by this section exceed the cost, including overhead,
reasonably incurred in the administration of this division, and the
maintenance of a prudent reserve not to exceed 90 days' costs and
expenses.
   (c) On or before the 30th day of September in each year, the
commissioner shall notify each licensee by mail of the amount
assessed and levied against it and that amount shall be paid within
20 days.  If payment is not made within 20 days, the commissioner
shall assess and collect a penalty, in addition to the assessment of
1 percent of the assessment for each month or part of a month that
the payment is delayed or withheld.
   (d) If a licensee fails to pay the assessment on or before the
30th day following the day upon which payment is due, the
commissioner may by order summarily suspend or revoke the license
issued to the licensee.  An order issued under this section is not
stayed by the filing of a request for a hearing.  If, after an order
is made, the request for hearing is filed in writing within 15 days
from the date of service of the order and a hearing is not held
within 60 days of the filing, the order is deemed rescinded as of its
effective date.  During a period when its license is revoked or
suspended, a licensee shall not conduct business pursuant to this
division except as may be permitted by further order of the
commissioner.  However, the revocation, suspension, or surrender of a
license shall not affect the powers of the commissioner as provided
in this division.



50402.  Notwithstanding subdivision (a) of Section 50401, if the
commissioner determines that the charges and assessments set forth in
this division for any year are in excess of the amount necessary, or
are insufficient, to meet the expenses of administration of this
division for that year, the assessments and charges for the following
year shall be adjusted on a pro rata basis in accordance with the
percentage of the excess or insufficiency as related to the actual
charges and assessments for the year for which the excess or
insufficiency occurred, in order to recover the actual costs of
administration and provide a prudent reserve of 90 days' costs and
expenses.