Section 993 - Denial of Application; Failure to Respond; Opportunity to be Heard(a) The Department may deny an application for reasons including, but not limited to: (1) A false statement of a material fact has been made in the application.(2) The applicant violates any provisions of the Check Casher Law or these regulations in Chapter 13.5 of Division 1.(3) The applicant or any partner, co-owner spouse, principal corporate officer, or person owning or controlling, directly or indirectly, 10 percent or more of the outstanding interests or equity securities of the applicant's corporation has been convicted of a felony described in Civil Code section 1789.37(e).(b) The application shall be considered withdrawn within the meaning of this section if the applicant fails to respond within 90 days of the date of the denial notification.(c) When an application is denied, the Department shall provide the applicant with a notice which specifies all causes on which the denial of the application is based.(d) Within 30 days from the date of the notice of denial, the applicant may file a written request for reconsideration by the Department. Such request may include any and all evidence and legal arguments which the applicant feels are relevant to a reconsideration of the application. The Department shall provide the applicant with a written notice of its reconsideration decision within 60 days of the time the request for reconsideration is received.(e) No later than 30 days from the date of the Department's written notice of its reconsideration decision, an applicant may request a hearing. If a hearing is requested, the Department shall make no final decision until completion of hearing proceedings pursuant to section 993.4.(f) Failure to make a written request for a hearing within the time period specified in subdivision (e) constitutes a waiver of the right to a hearing.(g) If the applicant fails to respond within the time specified in subdivision (e) or, after responding, withdraws their appeal, the action taken by the Department shall be final.Cal. Code Regs. Tit. 11, § 993
Note: Authority cited: Section 1789.37, Civil Code. Reference: Section 1789.37, Civil Code.
Note: Authority cited: Sections 1789.37(b), 1789.37(e) and 1789.37(f), Civil Code. Reference: Sections 1789.37(b), 1789.37(e) and 1789.37(f), Civil Code.
1. New article 4 (sections 993-993.7) and section filed 4-30-96; operative 5-30-96 (Register 96, No. 18).
2. Amendment of section and NOTE filed 12-6-2023; operative 1/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 49).