California Code of Regulations
Title 10 - Investment
Chapter 6 - Real Estate Commissioner
Article 12.2 - Time-Share Project
Section 2809.5 - Abandoning Application for Public Report

Universal Citation: 10 CA Code of Regs 2809.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The commissioner may abandon an application for a final, conditional, amended, or renewed public report, if:

(1) The data required by Sections 11226 and 11234 of the Code has not been furnished within three years from the date a notice of intention was filed for the subdivision public report; and

(2) Six months have elapsed, without communication from the developer, since the commissioner has given notice of deficiencies or substantive inadequacies contained in the documents which are required to make the filing substantially complete and the deficiencies and inadequacies have not been corrected by the applicant; and

(3) The term of any one-year extension of time in which to complete the application, as provided in subdivision (d), has elapsed.

(b) Ninety (90) days prior to abandoning an application the commissioner shall mail to the applicant and the applicant's designated representative, notice of the commissioner's intent to abandon the application. The notice shall include a statement that the applicant may, in accordance with subdivision (d), file a petition to keep the application open.

(c) Sixty (60) days or more following the mailing of the notice required by subdivision (b), the commissioner may issue a final notice of intention to abandon the application. The application shall be deemed abandoned thirty (30) days after the final notice is mailed to the applicant and the applicant's designated representative, unless, prior to the expiration of the thirty (30) day period, a one-year extension has been granted pursuant to subdivision (d).

(d) The commissioner, on his own motion, or after receipt of a petition from the applicant or the applicant's designated representative, may, under the following terms and conditions, grant a one-year extension in order to allow the applicant to complete the application:

(1) The petition is received prior to the expiration of the thirty (30) day notice period referred to in subdivision (c).

(2) The petition sets forth reasons of hardship or justifiable extenuating circumstances explaining why the file has been inactive. Hardship and justifiable extenuating circumstances shall include mistake, inadvertence, surprise, excusable neglect, or circumstances beyond the control of the applicant or the applicant's designated representative. Written notice of the decision to grant or deny the petition will be mailed or delivered to the applicant and the applicant's designated representative, within thirty (30) calendar days after receipt of the petition.

(e) The commissioner may grant one or more one-year extensions, provided that the application has not been abandoned as provided in subdivision (c).

(f) The term "applicant" as used in this section shall have the same meaning as the term "developer" as used in Section 11212 of the Code.

1. New section filed 5-5-2005; operative 7-1-2005 (Register 2005, No. 18).

Note: Authority cited: Section 11281, Business and Professions Code. Reference: Sections 11226 and 11234, Business and Professions Code.

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