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HomeCorporations CodeCh. 3§ 25233 Order Notice And Hearing Rights

§ 25233 Order Notice And Hearing Rights

Corporations Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 25233 Order Notice And Hearing Rights

This law says the commissioner must tell a person why they want to make an order and give that person a chance to ask for a hearing, with strict time limits.

Key Takeaways

  • •The commissioner must give written notice of any order and the reasons for it.
  • •The person affected can request a hearing within 30 days of the notice.
  • •If a hearing is requested, it must be scheduled to start within 15 business days (unless both sides agree to a later date).
  • •If no hearing is requested, the commissioner can issue the order without a hearing, and it stays until changed.
  • •For a first‑time certificate application, a hearing can be set up 15 business days after a written request made at least 30 days after the original filing, even without a prior notice.

Example

A contractor applies for a building permit certificate. The commissioner thinks the contractor doesn’t meet the rules and wants to deny the permit.

The commissioner must send the contractor a notice explaining the intended denial and why. If the contractor asks for a hearing within 30 days, a hearing must be set up within 15 business days (or later if the contractor agrees). If the contractor never asks for a hearing, the commissioner can issue the denial without a hearing, and it stays in effect until changed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 25233 Order Notice And Hearing Rights

No order may be entered under Section 25232, 25232.1, or 25252 except after notice to the person affected thereby of the intention of the commissioner to enter that order and of the reasons therefor and that upon receipt of a request the matter shall be set down for hearing to commence within 15 business days after that receipt unless the person affected consents to a later date. If no hearing is requested within 30 days after the mailing of that notice and none is ordered by the commissioner, the order may be entered without hearing to remain in effect until it is modified or vacated by the commissioner. In the case of an original application for a certificate, such a hearing shall be set down to commence within 15 business days after receipt of a written request by the applicant made 30 days or more after the filing of the application, even though no such notice by the commissioner has been given, unless the applicant consents to a later date. If a hearing is requested or ordered, it shall be held in accordance with the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and the commissioner shall have all of the powers granted thereunder. (Amended by Stats. 1998, Ch. 391, Sec. 2. Effective January 1, 1999.)

Last verified: January 10, 2026

Key Terms

ordernoticehearingcommissionerAdministrative Procedure Act

Related Statutes

  • § 25215 Hearing Rights For Orders
  • § 25143 Postponement Or Suspension Of Qualifications
  • § 25121 Securities Qualification Permit
  • § 25232.1 Disciplinary Actions Against Financial Professiona
  • § 25232.3 Investment Adviser Certificate Revocation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Corporations Code. Section 25233.
View Official Source