Statutes, codes, and regulations
California Code Of Regulations
Title 10 - InvestmentChapter 3 - Commissioner of Financial Protection and InnovationSubchapter 6 - California Financing Law
Article 2 - Applications
Section 1422.5.1 - License Application Requirements for Program Administrators

Cal. Code Regs. tit. 10 § 1422.5.1

Download
PDF
Current through Register 2024 Notice Reg. No. 52, December 27, 2024
Section 1422.5.1 - License Application Requirements for Program Administrators
(a) In addition to the requirements for a license application set forth in section 1422.5 of these rules, a program administrator shall submit the following to the Commissioner.
(1) A copy of each central administration agreement between the applicant and a public agency that authorizes the applicant to administer a PACE program on behalf of the public agency.
(2) A copy of the standard agreement template for agreements with PACE solicitors and PACE solicitor agents, which shall be received in confidence in accordance with paragraph (d)(4) of Government Code section 6254.
(3) A copy of the standard agreement template for assessment contracts with property owners. If the contracts vary by public agency, submit a copy for each public agency.
(4) A completed PACE Program Administrator Application Request for Information form, signed by an officer with authority to sign on behalf of the program administrator, as follows:

STATE OF CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION

PACE PROGRAM ADMINISTRATOR APPLICATION Request for Information

NAME OF APPLICANT ______________________________

Applicants for a PACE program administrator license must answer the following questions.

1. Will you develop and implement policies and procedures for responding to questions and addressing complaints of property owners, in compliance with Financial Code section 22683 and any currently operative rules of the Commissioner?

Yes []No []

2. Will you maintain a process for enrolling PACE solicitors and PACE solicitor agents in compliance with Financial Code section 22680 and any currently operative rules of the Commissioner?

Yes []No []

3. Will you comply with the requirement in Financial Code section 22684 that prohibits a program administrator from executing an assessment contract unless the criteria in that section are met?

Yes []No []

4. Will you comply with the requirement in Financial Code section 22686 that prohibits a program administrator from executing an assessment contract unless the program administrator makes a reasonable good faith determination that the property owner has a reasonable ability to pay the annual payment obligations for the PACE assessment, in accordance with Financial Code section 22687?

Yes []No []

5. Will you comply with the requirements in sections 5898.16 and 5898.17, and chapter 29 of part 3, division 7 of the Streets and Highways Code, including section 5913, which requires a program administrator to make an oral confirmation with a property owner of the key terms of an assessment contract?

Yes []No []

6. Will you establish and maintain a training program for PACE solicitor agents that includes introductory training and a test as required by subdivision (a) of Financial Code section 22681, and six hours of education on the topics set forth in that section?

Yes []No []

The training program in question 6 shall be submitted to the Commissioner and received in confidence in accordance with Government Code section 6254, subdivision (d)(4).

A program administrator may use a training program containing the elements required by statute and regulation. If the Commissioner determines that the program fails to contain the elements required by statute and regulation, the Commissioner shall disapprove the continued use of the training program. The disapproval of a training program shall not affect the enrollment status of a PACE solicitor agent who has already completed the training program, but the Commissioner may require revised training materials be provided to PACE solicitor agents for any segment of training determined to be materially deficient because it fails to comply with the law, is misleading, or is inaccurate.

The above-named applicant has authorized the undersigned to sign on its behalf.

I, the undersigned, have read this Request for Information and understand the contents of the Request for Information, and certify that the statements in the Request for Information are true and correct.

Executed at (City and State) ______________________________, on this ___ day of ____________________, 20___.

____________________________________________________________

Signature

____________________________________________________________

Name of Signatory

____________________________________________________________

Title

(b) An applicant or licensee shall maintain the original signed PACE Program Administrator Application Request for Information form in its books and records as provided in section 1620.07 of these rules.

Cal. Code Regs. Tit. 10, § 1422.5.1

1. New section filed 8-5-2021; operative 10-1-2021 (Register 2021, No. 32). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. 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.

Note: Authority cited: Section 22150, Financial Code. Reference: Sections 22100.5, 22101, 22680 and 22681, Financial Code.

1. New section filed 8-5-2021; operative 10/1/2021 (Register 2021, No. 32). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. 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.