(b) The records
required to be maintained shall, at a minimum, include the following:
(1) Records related to the business of a
program administrator, including the following:
(A) A program administrator's financial
statements prepared in accordance with generally accepted accounting
principles.
(B) Administration
agreements with public agencies.
(C) Agreements with PACE solicitors and PACE
solicitor agents.
(D) Enrollment
records for PACE solicitors and PACE solicitor agents, including records
maintained pursuant to paragraph (h)(2) of section
1620.12 of these rules.
(E) Documentation of the background check of
PACE solicitors and PACE solicitor agents, including records maintained
pursuant to paragraph (c)(4) of section
1620.11 and paragraphs (b)(2),
(c)(2), and (d)(2) of section
1620.13 of these rules.
(F) Documentation of the CSLB licensure or
registration status of a PACE solicitor and PACE solicitor agent, to the extent
it exists and is accessible, and if applicable, documentation supporting the
reason that the PACE solicitor or PACE solicitor agent is not subject to
licensure or registration with the CSLB, including records maintained pursuant
to subparagraph (d)(1)(D) of section
1620.11 and subdivision (g) of
section 1620.12 of these rules.
(G) Documentation of monitoring PACE
solicitor and PACE solicitor agent compliance as required by subdivision (h) of
section 1620.14 of these rules.
(H) Documentation of periodic reviews as
required by paragraph (e)(2) of section
1620.15 of these rules.
(I) Documentation of PACE solicitor agent
training under paragraph (c)(1) of section
1620.17 of these
rules.
(2) Records
related to each assessment contract, including the following:
(A) The assessment contract and, if signed or
delivered electronically (or both), the property owner's consent to an
electronic signature and electronic delivery.
1. If a signed copy is provided
electronically to the property owner, evidence of receipt by the property
owner.
2. If the assessment
contract is signed electronically by the property owner, the audit trail
related to the electronic signature.
(B) Any complaints and final
decisions.
(C) Documentation of
ability to pay for each assessment contract, including verification of a
property owner's eligibility for an assessment contract.
(D) Oral confirmation of key terms
records.
(E) Disclosures required
by Streets and Highways Code sections
5898.16
and
5898.17
and, if provided electronically, documentation of the property owner's consent
to receive the documents electronically, and evidence of receipt of the
disclosures by the property owner.
(F) Evidence of the market value of the
property at the time of the assessment contract, including the documentation
required by section
1620.27 of these rules.
(G) A record of the estimated useful life of
the measure with the greatest portion of funds disbursed under the assessment
contract in accordance with subdivision (j) of Financial Code section
22684.
(H) The sources used to verify the criteria
in Financial Code section
22864, if
required under section
1620.29 of these rules.
(I) Documentation of the scope of work
subject to PACE financing from the home improvement contract.
(J) Any correspondence with any other
lienholder on the property.
(3) Any advertising used for direct marketing
or provided to PACE solicitors for marketing, and any advertising submitted by,
or approved for use by, a PACE solicitor.
(4) Records related to compliance with
division 9, chapter 3.5 of the California Financing Law:
(A) Procedures for handling
complaints.
(B) Procedures for
enrolling, canceling enrollment of, and withdrawing agents and
solicitors.
(C) Procedures for
determining a property owner's ability to pay as required by section
1620.21 of these rules.
(D) Procedures for the periodic review of
PACE solicitors.
(5)
Original copies of documents uploaded to NMLS as part of the applicant's
licensure application or uploaded for the purpose of maintaining licensure, if
the document contains an original signature.