General Provisions

Cal. CORP § 25251

California Statutes

(

a) No order issued pursuant to

Section or may become final except after notice to the affected broker-dealer or investment adviser of the commissioner’s intention to make the order final and of the reasons for the finding. The commissioner shall also notify the broker-dealer or investment adviser that upon receiving a request the matter shall be set for hearing to commence within business days after receipt of the request. The broker-dealer or investment adviser may consent to have the hearing commence at a later date.

If no hearing is requested within days after the mailing or service of the required notice, and none is ordered by the commissioner, the order may become final without a hearing and the broker-dealer or investment adviser shall immediately discontinue the practices named in the order. If a hearing is requested or ordered, it shall be held in accordance with the provisions of the Administrative Procedure Act (Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code), and the commissioner shall have all of the powers granted under that act. If, upon the conclusion of the hearing, it appears to the commissioner that the broker-dealer or investment adviser is conducting or has conducted business in an unsafe and injurious manner or is violating or has violated any law of this state, or any rule binding upon it, the commissioner shall make the order of discontinuance final and the broker-dealer or investment adviser shall immediately discontinue the practices named in the order. (

b) The broker-dealer or investment adviser may within days after an order is made final commence an action to restrain enforcement of the order. If the enforcement of the order is not enjoined within days by the court in which the action is brought, the broker-dealer or investment adviser shall comply with the order.

Document details

CollectionCalifornia Statutes
CitationCal. CORP § 25251
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCORP25251.20221883

General Provisions

Cal. CORP § 25251

California Statutes

General Provisions

Cal. CORP § 25251

California Statutes

(

a) No order issued pursuant to

Section or may become final except after notice to the affected broker-dealer or investment adviser of the commissioner’s intention to make the order final and of the reasons for the finding. The commissioner shall also notify the broker-dealer or investment adviser that upon receiving a request the matter shall be set for hearing to commence within business days after receipt of the request. The broker-dealer or investment adviser may consent to have the hearing commence at a later date.

If no hearing is requested within days after the mailing or service of the required notice, and none is ordered by the commissioner, the order may become final without a hearing and the broker-dealer or investment adviser shall immediately discontinue the practices named in the order. If a hearing is requested or ordered, it shall be held in accordance with the provisions of the Administrative Procedure Act (Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code), and the commissioner shall have all of the powers granted under that act. If, upon the conclusion of the hearing, it appears to the commissioner that the broker-dealer or investment adviser is conducting or has conducted business in an unsafe and injurious manner or is violating or has violated any law of this state, or any rule binding upon it, the commissioner shall make the order of discontinuance final and the broker-dealer or investment adviser shall immediately discontinue the practices named in the order. (

b) The broker-dealer or investment adviser may within days after an order is made final commence an action to restrain enforcement of the order. If the enforcement of the order is not enjoined within days by the court in which the action is brought, the broker-dealer or investment adviser shall comply with the order.

Document details

CollectionCalifornia Statutes
CitationCal. CORP § 25251
Date2023-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCORP25251.20221883