§ 3109. Procedure upon Filing of Writ of Mandamus by Judgment Debtor.

(a) If the decision of the Commissioner is to make a payment out of the Recovery Account, and the judgment debtor files a writ of mandamus as provided in Section 10471.5(c) of the Code, no payment shall be made of the pending application unless and until the writ of mandamus has been denied and such denial has become final.

(b) If such writ of mandamus is granted on the basis that the claimant has not met the requirements for payment from the Recovery Account, the application shall be denied.

HISTORY

1. New section filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d) (Register 86, No. 51).

NOTE: Pursuant to a regulation of the Fair Political Practices Commission (Title 2, CCR, section 18750(k)(2)), an agency adopting a conflict of interest code has the options of requesting that the code either be (1) printed in the CCR in its entirety or (2) incorporated by reference into the CCR. Here, the adopting agency has requested incorporation by reference. However, the full text of the regulations is available to the public for review or purchase at cost at the following locations:

DEPARTMENT OF REAL ESTATE

2201 BROADWAY

P.O. BOX 187000

SACRAMENTO, CA 95818-7000

FAIR POLITICAL PRACTICES COMMISSION

428 J STREET

SACRAMENTO, CA 95814-2331

ARCHIVES

SECRETARY OF STATE

1020 0 STREET

SACRAMENTO, CA 95814-5704

The Conflict of Interest Code is designated as Article 36, Chapter 6 of Title 10 of the California Code of Regulations, and consists of sections numbered and titled as follows:

Article 36. Conflict of Interest Code of the Department of Real Estate

Section

3200.

General Provisions

Appendix

Note

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Section 10471.5, Business and Professions Code.