Cal. Code Regs. Tit. 10, § 3101 - Application for Payment from Recovery Account

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) An application for payment from the Recovery Account shall be made on a form prescribed by the Bureau, shall contain the items specified by Section 10471(c) of the Code, and shall contain all of the information specified in Section 3102, except as provided in subdivision (b) of this section. The application shall be verified by the claimant in the manner specified in Section 446 of the Code of Civil Procedure for the verification of a pleading. If executed outside of California, the information in the application and accompanying documents shall be verified before a person qualified to administer oaths within the jurisdiction where executed or certified under penalty of perjury in accordance with the provisions of subdivision (b) of Section 2015.5 of the Code of Civil Procedure.

(b) The claimant may submit with the application less than all of the information defined by Section 3102 of these regulations as constituting a substantially complete application if the claimant believes that the information submitted with the application is sufficient for the Bureau to determine whether the application qualifies under Sections 10470 through 10481 of the Code for payment from the Recovery Account. However, an application will not be deemed substantially complete within the meaning of Section 3102 of these regulations unless:

(1) The Bureau determines that what has been submitted is sufficient for it to make a determination whether the application qualifies for payment from the Recovery Account and so notifies the claimant as provided in Section 3105 of these regulations; or

(2) The application and supporting information meet all of the requirements specified in Section 3102 of these regulations.

(c) If any documents or other attachments are submitted with the application, the application shall contain a verification by the claimant that the documents are true and correct copies of the originals, and if such documents purport to be copies of documents filed in court that they are true and correct copies of the originals filed with the court.

(d) The application shall contain the name and address of the claimant, and if the claimant is not being represented by an attorney in the filing of the application, a telephone number where the claimant can be reached during regular business hours. If the claimant is represented by an attorney in filing of the application, the application shall contain the name, business address, and telephone number of the attorney.

Notes

Cal. Code Regs. Tit. 10, § 3101

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10471 and 10471.2, 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. Amendment of subsection (b) filed 11-16-87; operative 12-16-87 (Register 87, No. 47).
3. Change without regulatory effect amending subsections (a)-(b)(1) filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).