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California Code, Business and Professions Code - BPC § 11414.1

Current as of January 01, 2025 | Updated by Findlaw Staff

<For future repeal of Chapter 8, see § 11420.>

(a) An application for payment from the Recovery Account shall be made on a form prescribed by the bureau, shall contain the items specified by subdivision (c) of Section 11413, and shall contain all of the information specified in Section 11414.2, except as provided in subdivision (b) of this section.  The application shall be verified by the claimant in the manner specified in Section 446 of the Code of Civil Procedure for the verification of a pleading.  If executed outside of California, the information in the application and accompanying documents shall be verified before a person qualified to administer oaths within the jurisdiction where executed or certified under penalty of perjury in accordance with the provisions of subdivision (b) of Section 2015.5 of the Code of Civil Procedure.

(b) The application is deemed verified by claimant if electronically submitted to the bureau, provided that one of the following conditions is satisfied:

(1) If the claimant is the electronic filer, the claimant signs the application using an electronic signature and declares under penalty of perjury under the laws of the State of California that the information submitted is true and correct.

(2) If the claimant's attorney is the electronic filer, the claimant signs the application using a digital signature.

(3) If the claimant affixes a wet signature on the printed application before electronically submitting the application to the bureau, the claimant or claimant's attorney certifies that the original signed application is available for inspection and will be mailed to the bureau, upon the bureau's written request.

(c) The claimant may submit with the application less than all of the information specified in Section 11414.2 as constituting a substantially complete application if the claimant believes that the information submitted with the application is sufficient for the bureau to determine whether the application qualifies under Sections 11412.1 to 11419.3, inclusive, for payment from the Recovery Account.  An application shall not be deemed substantially complete within the meaning of Section 11414.2 unless either of the following applies:

(1) The bureau determines that the information submitted is sufficient for the bureau to make a determination whether the application qualifies for payment from the Recovery Account and notifies the claimant.

(2) The application and supporting information meet all of the requirements specified in Section 11414.2.

(d) If any documents or other attachments are submitted with the application, the application shall contain a verification by the claimant that the documents are true and correct copies of the originals and, if the documents purport to be copies of documents filed in court, that they are true and correct copies of the originals filed with the court.

(e) The application shall contain the name and address of the claimant and, if the claimant is not being represented by an attorney in the filing of the application, a telephone number where the claimant can be reached during regular business hours.  If the claimant is represented by an attorney in the filing of the application, the application shall contain the name, business address, and telephone number of the attorney.

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Cite this article: FindLaw.com - California Code, Business and Professions Code - BPC § 11414.1 - last updated January 01, 2025 | https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-11414-1/

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