Section 10093.10 - Reporting(a) The Finance or Service Entity must report to the Authority, on a monthly basis, on the status of each Enrolled Efficiency Agreement as well as on financing applications and decisions for the Program. The report is due to the Authority on or before the fifth business day of the month, except the report will be due on the sixth business day of the month if a bank holiday occurs in the first week of the month.(b) The report must include the following data points in a format approved by the Authority for Enrolled Efficiency Agreements: (1) Whether it is current, 30 days, 60 days, or 90 days past due, fully satisfied, or charged off.(2) Any changes to the maturity date or contractual end date, payment amount, and/or interest rate.(3) The current outstanding financed amount.(4) Whether it was sold, transferred, or assigned to a third party and the date of such sale, transfer, or assignment.(5) If it was sold, transferred, or assigned, the name of the purchaser, transferee, or assignee and whether the transaction was in whole or in part.(6) Date(s) and amount(s) of any charge-off(s) and whether enforcement proceedings have begun.(7) Any anticipated losses and whether acceleration notices have been sent.(8) Amount of any recoveries or proceeds from charged-off financings.(c) Once a Finance or Service Entity has reported an Enrolled Efficiency Agreement as having a zero balance, it does not need to continue reporting on that agreement in future reports.(d) For Savings-Based Payment Agreements where the payment amount fluctuates monthly, the Finance or Service Entity must report changes to the monthly payment amount annually, no later than February 6 for the January monthly report.(e) The report must also include the number of completed applications received and the number approved for the Program during the prior month.(f) No later than January 15 of each year: (1) The Finance or Service Entity must provide a report to the Authority on any material changes to information or certifications provided in the initial application to participate or indicating that all statements made in the application remain materially unchanged.(2) Finance or Service Entities that are not Financial Institutions must also provide written evidence of current licenses and insurance.(g) If a Finance or Service Entity becomes subject to a cease and desist order or other regulatory sanction from an appropriate federal or state regulatory body, the Finance or Service Entity must inform the Authority in writing within 10 business days of such action.Cal. Code Regs. Tit. 4, § 10093.10
1. New section filed 5-9-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5-9-2019 (Register 2019, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-31-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11-6-2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-4-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-30-2020 as a deemed emergency pursuant to Public Resources Code section 26009; operative 2-5-2020 pursuant to Government Code section 11346.1(d) (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-5-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-30-2020 order, including amendment of section, transmitted to OAL 5-5-2020 and filed 6-17-2020; amendments operative 6-17-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 25). Note: Authority cited: Sections 26006 and 26009, Public Resources Code. Reference: Sections 26002, 26002.5, 26003, 26006, 26011 and 26040, Public Resources Code.
1. New section filed 5-9-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5/9/2019 (Register 2019, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-31-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11/6/2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-4-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-30-2020 as a deemed emergency pursuant to Public Resources Code section 26009; operative 2/5/2020 pursuant to Government Code section 11346.1(d) (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-5-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-30-2020 order, including amendment of section, transmitted to OAL 5-5-2020 and filed 6-17-2020; amendments operative 6/17/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 25).