Cal. Code Regs. Tit. 10, § 3100 - [Operative 7/1/2025] Definitions

As used in this Article, the following definitions will apply:

(a) "Recovery Account" means the separate account in the Real Estate Fund established pursuant to Section 10450.6 of the Code for purposes of carrying out the provisions of Chapter 6.5 of the Real Estate Law.

(b) "Application" means an application for payment from the Recovery Account filed with the Department pursuant to Section 10471(a) of the Code.

(c) "Party" means either the claimant, the judgment debtor, or the Department.

(d) "Claimant" means an aggrieved person who filed an application pursuant to Section 10471(a) of the Code.

(e) "Person" includes corporation, partnership, company or firm.

(f) "Final Judgment" means a judgment, arbitration award, or criminal restitution order for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, and which has not been nullified or rendered void by any court order or statutory provision.

(g) "Court of Competent Jurisdiction" means a small claims, municipal or superior court of the State of California, or a United States district court or United States bankruptcy court sitting to conduct its affairs within the boundaries of the State of California.

(h) "County in Which a Judgment Was Rendered" means the county within California in which the court issuing the judgment or restitution order sits or, if the claim is based on an arbitration award, the county in which the arbitration was conducted, or in which the claimant resides.

(i) Where appropriate to the context the singular number includes the plural and the plural number includes the singular.

(j) "Electronic Filer" means a claimant or claimant's attorney who electronically uploads or transmits to the Department an application or document in electronic form at or through the Department's website.

(k) "Electronic Signature" means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, as defined by Civil Code Section 1633.2 subdivision (h). For purposes of this title, a "digital signature" is a type of electronic signature as defined in subdivision (d) of Section 16.5 of the Government Code and is 1) unique to the person using it, 2) capable of verification, 3) under the sole control of the person using it, and 4) is linked to data in such a manner that if the data is changed, the digital signature is invalidated. The use of an electronic signature or a digital signature shall have the same force or effect as a wet-ink signature.

(l) "Electronic Submission" means the upload or transmission of an application or document by electronic means at or through the Department's website.

Notes

Cal. Code Regs. Tit. 10, § 3100

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10450.6, 10470, 10470.1, 10471, 10471.1, 10471.2, 10471.3, 10471.4, 10471.5, 10471.6, 10472, 10472.1, 10473, 10473.1, 10474, 10474.5, 10475, 10476, 10477, 10478, 10479, 10480 and 10481, Business and Professions Code.

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10450.6, 10470, 10470.1, 10471, 10471.1, 10471.2, 10471.3, 10471.4, 10471.5, 10471.6, 10472, 10472.1, 10473, 10473.1, 10474, 10474.5, 10475, 10476, 10477, 10478, 10479, 10480 and 10481, Business and Professions Code.

1. New section filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d) (Register 86, No. 51).
2. New subsections (g) and (h) and subsection relettering filed 12-30-97; operative 1-29-98 (Register 98, No. 1).
3. Amendment of subsections (f) and (h) filed 10-26-99; operative 11-25-99 (Register 99, No. 44).
4. Change without regulatory effect amending subsections (b) and (c) filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).
5. Amendment of subsections (b)-(c) and new subsections (j)-(l) filed 3-18-2025; operative 7/1/2025 (Register 2025, No. 12).