Section 1620.12 - PACE Solicitor Agent Enrollment Standards and Processes(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.Cal. Code Regs. Tit. 10, § 1620.12
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.
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.