Cal. Code Regs. tit. 5 § 42019

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 42019 - Cancellation, Vacating, or Revocation-Obligation of the Licensee

The following table indicates the obligation of the licensee (as specified in Subsection C of this Section 42019) under conditions of cancellation, vacating or revocation.

					*Amount of Obligation*
A.	Prior to beginning of fee period.
	1.	Request by licensee to cancel reservation.
		a.	with 30-day notice...........................		1
		b.	with less than 30-day notice
			1)	president waives notice...........................	1
			2)	president does not waive notice but does grant request to cancel...........................	3
			3)	president does not waive notice and does not grant request to cancel...........................	2
	2.	Revocation of reservation by the president, all instances...........................			1
B.	On or after beginning of fee period
	1.	Request by a licensee to vacate
		a.	with 30-day notice
			1)	president approves the request...........................	3
			2)	president denies the request...........................	4
		b.	with less than 30-day notice
			1)	president approves the request and waives notice...........................	5
			2)	president approves the request but full notice...........................	3
			3)	president denies the request...........................	4
	2.	Revocation of license by the president.
		a.	as a result of disciplinary pursuant to Sections 41301-41304 of Article 2 of Subchapter 4 of this Chapter...........................		4
		b.	because of administrative necessity..........................		5
		c.	because licensee is no longer a student (other than pursuant to discipline):
			1)	academically dismissed...........................	5
			2)	all other withdraws:
		a)	with 30-day notice of withdraw..........................		3
		b)	with less than 30-day notice of withdraw
			(1)	president waives notice...........................	5
			(2)	president does not waive notice...........................	3
		d.	breach of terms or conditions of the license, including nonpayment of fees.		4

C. Amount of obligation to the licensee.

1. Licensee has no financial obligation other than the non-refundable service fee.

2. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license.

3. Except as provided in Subsection D of this Section, licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period, through the end of the required notice period, plus any charge authorized by Section 42021 of this Article.

4. Except as provided in Subsection D of this Section, licensee shall owe the amount due under the full fee period of the license, plus any charge authorized by Section 42021.

5. Licensee shall owe an amount equal to a prorated charge for each day from the beginning of the fee period through the last day of occupancy, plus any charge authorized by Section 42021.

D. Mitigation. The campus president or designee shall minimize the obligation of a Licensee by applying a prorated credit for each day during the fee period that the campus has been able to cover its damages. Factors to be considered in determining whether the campus has been able to cover its damages for purposes of this Subsection may include, but not be limited to:

(1) whether the campus is able to re-license the student housing facility to someone else prior to the end of the fee period;

(2) the amount of the fee at which the student housing facility is re-licensed;

(3) the vacancy rate of the residence hall (or other state owned or operated dwelling) within which the housing facility is located; and

(4) financial considerations of the campus housing system.

Cal. Code Regs. Tit. 5, § 42019

1. Amendment of subdivision B. filed 1-30-79; effective thirtieth day thereafter (Register 79, No. 5).
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment of paragraph D. filed 8-23-2007; operative 8-23-2007. Submitted to OAL for printing only (Register 2007, No. 34).

Note: Authority cited: Sections 66600, 89030, 89035, 89700 and 90012, Education Code. Reference: Section 90000, Education Code.