California Law Financial Code Division 6 Chapter 3 Section 17414.1
Contents |
Section 17414.1.
(a) Any person who has been convicted of or pleaded nolo
contendere to any crime specified in subdivision (b) within the past
10 years, or has been held liable in any civil action by final
judgment or any administrative judgment by any public agency within
the past seven years, of any of the provisions specified in
subdivision (b), shall not serve in any capacity as an officer,
director, stockholder, trustee, agent, or employee of an escrow
agent, or in any position involving any duties with an escrow agent,
in this state. This subdivision shall not apply to any person whose
office, employment, ownership interest, or other participation in the
business of a licensed escrow agent commenced prior to January 1,
1992.
(b) Subdivision (a) applies to criminal convictions of, pleas of
nolo contendere to, or civil or administrative judgments entered for
offenses including the following:
(1) Offenses specified in Chapter 18 (commencing with Section
3350) of Division 1.
(2) Offenses specified in Article 4 (commencing with Section 5300)
of Chapter 1 of Division 2.
(3) Offenses specified in Article 8 (commencing with Section
14750) of Chapter 4 of Division 5.
(4) Offenses specified in Chapter 3 (commencing with Section
17400), and Chapter 7 (commencing with Section 17700) of Division 6.
(5) Offenses specified in Chapter 6 (commencing with Section
18435) of Division 7.
(6) Offenses specified in provisions of the laws of the United
States added or amended by the federal Financial Institutions Reform,
Recovery and Enforcement Act of 1989 (Public Law 101-73).
(7) Offenses involving robbery, burglary, theft, embezzlement,
fraud, fraudulent conversion or misappropriation of property,
forgery, bookmaking, receiving stolen property, counterfeiting,
controlled substances, extortion, checks, credit cards, or computer
violations specified in Section 502 of the Penal Code.
For the purpose of this section, but not Section 17423, an offense
does not include a conviction for which the person has obtained a
certificate of rehabilitation from a court of competent jurisdiction
under Section 1203.4 or 4852.13 of the Penal Code or a similar
certificate of rehabilitation obtained in a foreign jurisdiction.
(c) On and after January 1, 1992, any person who seeks employment
by, or an ownership interest in, or other participation in the
business of a licensed escrow agent shall, as a condition to
obtaining that employment, interest, or participation, authorize
Fidelity Corporation and the commissioner, or both, to have access to
that person's state and federal summary criminal history
information, as defined in Section 11105 of the Penal Code, for
purposes of determining whether the person has a prior conviction of,
or pleaded nolo contendere to, a criminal offense specified in
subdivision (b).
(d) On or before the 10th day of employment, each escrow agent
shall obtain and forward to the commissioner the fingerprint images
and related information of persons seeking employment by an escrow
agent. The fingerprint images and related information may be
submitted by certified mail, return receipt requested, or transmitted
electronically, using the process established by the Department of
Justice for requesting state and federal summary criminal history
information. Persons who have previously submitted fingerprints or
fingerprint images and related information to the commissioner may so
notify the commissioner and need not submit additional fingerprint
images and related information unless requested to do so by the
commissioner. The commissioner shall provide written notice to both
the escrow agent and to the person if any of the information received
pursuant to this division shows that the person's employment would
be in violation of Section 17414.1, and the escrow agent shall deny
the person the employment. No person whose employment is in violation
of subdivision (a) shall have access to trust funds or sign checks
or otherwise perform any activities related to the processing of
escrow transactions after the licensed escrow agent has been notified
by the commissioner that the person's employment is in violation of
subdivision (a).
(e) Any state and federal summary criminal history information
obtained pursuant to this section shall be kept confidential and no
recipient shall disclose the contents other than for the purpose of
determining eligibility for employment by, or acquisition of an
ownership interest in, or other participation in the business of a
licensed escrow agent.
(f) The authority granted by this section to the commissioner or
to Fidelity Corporation shall be in addition to any other authority
granted by law to obtain information about any person who is subject
to this division. Nothing in this section shall be construed to limit
any authority of the commissioner or Fidelity Corporation otherwise
provided by law.
(g) Any person who knowingly violates subdivision (a) or (d),
including, but not limited to, any escrow agent who permits
employment by, or an ownership interest in, or other participation in
the business of an escrow agent in violation of subdivision (a) or
(d) shall, upon conviction, be subject to punishment as set forth in
Section 17700. Any person who knows of a violation of subdivision (a)
or (d) shall immediately report the violation in writing to the
commissioner. No person shall be civilly liable for reporting as
required under this subdivision, unless the information provided in
the report is false and the person providing false information does
so with knowledge and malice. The reports filed under this section,
including the identity of the person making the filing, shall remain
confidential pursuant to state law.
(h) Nothing in this section shall be construed to permit the
reinstatement of any person barred by the commissioner pursuant to
Section 17423 nor to prohibit the commissioner from bringing any
action pursuant to Section 17423.
(i) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
Last Update: 10/10/2011
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