(a) For purposes of this section, the following definitions apply: (1) âApplicable lawâ means: (A) With respect to any bank, Division 1.6 (commencing with Section 4800), and any of the following provisions: (i) Article 6 (commencing with Section 405) of Chapter 3. (ii) Article 3 (commencing with Section 1130) of Chapter 5 of Division 1.1. (iii) Chapter 6 (commencing with Section 1200) of Division 1.1. (iv) Chapter 10 (commencing with Section 1320) of Division 1.1. (v) Chapter 14 (commencing with Section 1460) of Division 1.1. (vi) Article 1 (commencing with Section 1530) of Chapter 15 of Division 1.1. (vii) Chapter 16 (commencing with Section 1550) of Division 1.1. (viii) Chapter 20 (commencing with Section 1750) of Division 1.1. (ix) Section 456. (x) Section 457. (xi) Section 459. (xii) Section 460. (xiii) Section 461. (xiv) Section 1331. (xv) Chapter 21 (commencing with Section 1850) of Division 1.1. (xvi) Chapter 18 (commencing with Section 1660) of Division 1.1. (xvii) Chapter 19 (commencing with Section 1670) of Division 1.1. (B) With respect to any savings association, any provision of Division 1.6 (commencing with Section 4800) and Division 2 (commencing with Section 5000). (C) With respect to any insurance premium finance agency, any provision of Division 7 (commencing with Section 18000). (D) With respect to any business and industrial development corporation, any provision of Division 15 (commencing with Section 31000). (E) With respect to any credit union, any of the following provisions: (i) Section 14252. (ii) Section 14253. (iii) Section 14255. (iv) Article 4 (commencing with Section 14350) of Chapter 3 of Division 5. (v) Section 14401. (vi) Section 14404. (vii) Section 14408, only as that section applies to gifts to directors, volunteers, and employees, and the related family or business interests of the directors, volunteers, and employees. (viii) Section 14409. (ix) Section 14410. (x) Article 5 (commencing with Section 14600) of Chapter 4 of Division 5. (xi) Article 6 (commencing with Section 14650) of Chapter 4 of Division 5, excluding subdivision (a) of Section 14651. (xii) Section 14803. (xiii) Section 14851. (xiv) Section 14858. (xv) Section 14860. (xvi) Section 14861. (xvii) Section 14863. (F) With respect to any money transmitter, any provision of Division 1.2 (commencing with Section 2000). (2) âLicenseeâ means any bank, savings association, credit union, trust company, money transmitter, insurance premium finance agency, or business and industrial development corporation that is authorized by the commissioner to conduct business in this state. (b) Notwithstanding any other provision of this code that applies to a licensee or a subsidiary of a licensee, after notice and an opportunity to be heard, the commissioner may, by order that shall include findings of fact which incorporates a determination made in accordance with subdivision (e), levy civil penalties against any licensee or any subsidiary of a licensee who has violated any provision of applicable law, any order issued by the commissioner, any written agreement between the commissioner and the licensee or subsidiary of the licensee, or any condition of any approval issued by the commissioner. The commissioner shall have the sole authority to bring any action with respect to a violation of applicable law subject to a penalty imposed under this section. Except as provided in paragraphs (1) and (2), any penalty imposed by the commissioner may not exceed one thousand dollars ($1,000) a day, provided that the aggregate penalty of all offenses in any one action against any licensee or subsidiary of a licensee shall not exceed fifty thousand dollars ($50,000). (1) If the commissioner determines that any licensee or subsidiary of the licensee has recklessly violated any applicable law, any order issued by the commissioner, any provision of any written agreement between the commissioner and the licensee or subsidiary, or any condition of any appro
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