Cal. Code Regs. tit. 5 § 76212

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 76212 - Claims by Government Agency on Behalf of Students

If the Bureau, the Attorney General, or any other law enforcement agency obtains a judgment or administrative order against an institution on behalf of one or more students pursuant to Section 17200 of the Business and Professions Code or similar authority, the student(s) for which the judgment was obtained may be entitled to payment from the Fund under the following conditions:

(a) The institution was a qualifying institution and is now closed;

(b) A remedy cannot be obtained despite diligent efforts to prosecute, prove, and collect a judgment or administrative order;

(c) The Bureau, the Attorney General, or other law enforcement agency filed a claim within two years after the judgment or administrative order became final;

(d) The claim indicates the amount of the judgment allocable to each student;

(e) The total amount paid to each student does not exceed the total amount of the student's economic loss, as defined in Section 76000, less the amount of any prior payment from the STRF for related economic loss; and

(f) The claim is subject to the additional limitations and rights set forth in Section 76210.

Cal. Code Regs. Tit. 5, § 76212

1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 47).
4. New section refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed 4-12-2011 (Register 2011, No. 15).
6. Amendment of section and NOTE filed 8-10-2017; operative 8-10-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 32).

Note: Authority cited: Sections 94803, 94877 and 94923, Education Code. Reference: Section 94923, Education Code.

1. New section filed 2-1-2010 as an emergency; operative 2-1-2010 (Register 2010, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-30-2010 as an emergency; operative 7-30-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 10-28-2010 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 47).
4. New section refiled with additional amendments 12-1-2010 as an emergency; operative 12-1-2010 (Register 2010, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-1-2010 order transmitted to OAL 3-1-2011 and filed 4-12-2011 (Register 2011, No. 15).
6. Amendment of section and Note filed 8-10-2017; operative 8/10/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 32).