Cal. Code Regs. tit. 11 § 336

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 336 - Violations of the Supervision of Trustees and Fundraisers for Charitable Purposes Act

(a) The Attorney General may take administrative action for violations of the Act and Chapter 4 of these regulations, including but not limited to:

(1) Refuse to register, or revoke or suspend the registration of a charitable corporation, trustee, commercial fundraiser for charitable purposes, fundraising counsel for charitable purposes, commercial coventurer, charitable fundraising platform, or platform charity for reasons specified in section 12598, subdivision (e), of the Government Code, and sections 339 to 341, and 344 of these regulations.

(2) Issue a cease and desist order against any person or entity for reasons specified in section 12591.1, subdivision (b), of the Government Code, and section 337 of these regulations.

(3) Impose a penalty on any person or entity for reasons specified in section 12591.1, subdivision (c), of the Government Code and section 338 of these regulations.

(b) When an administrative action is taken, the Attorney General shall provide a written notice specifying the reasons for the action.

(c) An appeal of the Attorney General's administrative action must be filed within 30 calendar days of the date of the written notice or the right to appeal is waived and the notice becomes the final order of the Attorney General.

(1) The appeal must be in writing and must include: the name and entity affiliation (if any), address and telephone number of the person appealing, the registration number (if any) and a statement of the basis of appeal.

(2) Notice of the hearing date, time and place shall be provided in accordance with the procedures set out in Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The failure of the person or entity to appear at the time and place of the hearing shall be deemed a withdrawal of the appeal, and the written notice of the administrative action shall constitute the Attorney General's final order subject to no further administrative review.

(d) All hearings provided for under this regulation shall be conducted by an administrative hearing officer appointed by the Attorney General. The hearing officer shall not have participated in the decision concerning the administrative action that is the subject of the hearing and is otherwise subject to the disqualification provisions of sections 11425.30 and 11425.40 of the Government Code.

(e) All hearings under this regulation shall be conducted in accordance with the procedures set out in Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except for provisions requiring the designation of administrative law judges.

(f) Except as otherwise prohibited by law, the Attorney General may delegate any of the powers and duties under sections 12598, subdivision (e), and 12591.1, subdivisions (b) and (c), of the Government Code and under these regulations to Department of Justice staff.

Cal. Code Regs. Tit. 11, § 336

Note: Authority cited: Sections 12581, 12585, 12586, 12587, 12598 and 12599.10, Government Code. Reference: Sections 11400 et seq., 11500 et seq., 12581, 12581.2, 12584, 12586, 12588, 12591, 12591.1, 12595, 12596, 12597, 12598, 12599, 12599.1, 12599.2, 12599.3, 12599.5, 12599.6, 12599.7, 12599.8, 12599.9 and 12599.10, Government Code; Sections 17510, 17510.2, 17510.25, 17510.3, 17510.4, 17510.5, 17510.8, 17510.85 and 17510.9, Business and Professions Code; and Sections 5142, 5230, 5231, 5232, 5233, 5235, 5236, 5237, 5238, 6215, 7231, 7233, 7236, 7237 and 7238, Corporations Code.

1. New article 3 heading and renumbering of section 999.6 to new section 336, including amendment of section heading, section and NOTE, filed 3-26-2024; operative 3/26/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 13).