Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Every program administrator shall
maintain a written process for enrolling a PACE solicitor agent that complies
with the requirements of this rule.
(b) The process for enrolling a PACE
solicitor agent shall include a background check, which may be accomplished
through any of the following methods:
(1) The
program administrator may rely on a fingerprint background check conducted by
the Contractors State License Board.
(2) The program administrator may utilize a
third-party service that conducts background checks.
(3) The program administrator may conduct its
own background check of a PACE solicitor agent.
(c) If a program administrator conducts its
own background check of a PACE solicitor agent, that background check must meet
the following requirements:
(1) The background
check must identify whether the PACE solicitor agent maintains a license or
registration in good standing from the Contractors State License Board, or is
otherwise exempt from, or not subject to, licensure or registration.
(2) The background check must be designed to
identify whether the PACE solicitor agent has done any of the following:
(A) Been convicted of or pleaded nolo
contendere to a crime involving dishonesty, fraud, or deceit.
(B) Engaged in any act involving dishonesty,
fraud, or deceit as provided in subdivision (a)(2) of Business and Professions
Code section
480,
which can be ascertained through court filings or public records of
administrative actions.
(C) Engaged
in any act that would constitute grounds for discipline under Financial Code
section
22690,
which can be ascertained through court filings or public records of
administrative actions.
(D) Been
denied a license or registration from the CSLB, or had a license or
registration revoked by the CSLB.
(3) The background check shall include a
review of public filings, including court filings, alleging the conduct
specified in paragraph (2).
(d) The enrollment process shall require the
PACE solicitor agent to complete the introductory training required by
Financial Code section
22681 and
section 1620.17 of these rules.
(1) A program administrator shall require
each PACE solicitor agent to complete an introductory training that addresses
the topics listed in subdivision (c) of Financial Code section
22681 and
to pass a test that measures the PACE solicitor agent's knowledge and
comprehension of the training material.
(2) A program administrator shall require a
PACE solicitor agent to complete the introductory training required by
subdivision (b) of Financial Code section
22681 and
pass the associated test prior to soliciting a property owner to enter into an
assessment contract on behalf of the program administrator.
(3) A program administrator shall require
each PACE solicitor agent to complete six hours of education provided by the
program administrator within three months of completing the program
administrator's enrollment process.
(e) A program administrator may conditionally
enroll a PACE solicitor agent if the program administrator complies with the
following:
(1) The program administrator
verifies that the PACE solicitor agent has applied for licensure or
registration with the Contractors State License Board and the licensure or
registration process is complete except for the applicant's fingerprint
background check.
(2) The program
administrator independently conducts a background check of the PACE solicitor
agent through required disclosures of information in subdivision (b), a review
of publicly available information, and a review of nonpublic information
available to the program administrator, including the experience of other
program administrators if available.
(3) The PACE solicitor agent has completed
the introductory training and test required by Financial Code section
22681.
(4) The conditional enrollment time period
does not extend beyond the Contractors State License Board approval or denial
of licensure or registration.
(f) A program administrator shall notify the
Commissioner of the enrollment of a PACE solicitor agent through an electronic
transfer of data as provided in subdivision (d) of rule 1620.11.
(g) If a PACE solicitor agent is not licensed
or registered with the CSLB, the program administrator shall maintain
documentation in its books and records of the reason licensure as a home
improvement salesperson is not required.
(h) If a PACE solicitor agent is not licensed
or registered with the CSLB, and the PACE solicitor agent is gathering a
property owner's financial information on behalf of a program administrator,
the program administrator shall do both of the following:
(1) Implement procedures for the safe
handling of the property owner's financial information.
(2) Maintain identifying information for the
PACE solicitor agent, such as the PACE solicitor agent's social security
number, California identification card or driver license number, or equivalent
government issued identification, in its books and records.
1. New
section filed 8-5-2021; operative 10-1-2021 (Register 2021, No. 32).
Transmission deadline specified in Government Code section
11346.4(b)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Section
22150,
Financial Code. Reference: Sections
22680,
22681 and
22690 Financial
Code.
