2790. Application For Public Report.

2790. Application For Public Report.
An application for a public report whether it includes a completed questionnaire or consists only of a notice of intention
shall be made on a form prescribed by the Bureau and shall be submitted to the Bureau with the applicable filing fee.
The application shall be executed by or on behalf of the person to whom the public report is to be issued. If executed
within California, the information in the application and the documents submitted therewith shall be certified to be true
under penalty of perjury or verified before a notary public or other person qualified to administer oaths. 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.
2790.1.5. Filing Fees.
(a) The subdivision filing fees for an application for a public report shall be the following:

(1) A notice of intention without a completed questionnaire: One hundred fifty dollars ($150).
(2) An original public report for subdivision interests described in Section 11004.5: One thousand seven hundred
dollars ($1,700) plus ten dollars ($10) for each subdivision interest to be offered.
(3) An original public report for subdivision interests other than those described in Section 11004.5: Six hundred
dollars ($600) plus ten dollars ($10) for each subdivision interest to be offered.
(4) A conditional public report for subdivision interests described in Section 11004.5: Five hundred dollars ($500).
(5) A conditional public report for subdivision interests other than those described in Section 11004.5: Five hundred
dollars ($500).
(6) A preliminary public report for subdivision interests described in Section 11004.5: Five hundred dollars ($500).

(7) A preliminary public report for subdivision interests other than those described in Section 11004.5: Five hundred
dollars ($500).

(8) A renewal public report for subdivision interests described in Section 11004.5: Six hundred dollars ($600).
(9) A renewal public report for subdivision interests other than those described in Section 11004.5: Six hundred
dollars ($600).



(10) An amended public report for subdivision interests described in Section 11004.5: Five hundred dollars ($500)
plus ten dollars ($10) for each subdivision interest to be offered under the amended public report for which a fee
has not previously been paid.

(11) An amended public report to offer subdivision interests other than those described in Section 11004.5: Five
hundred dollars ($500) plus ten dollars ($10) for each subdivision interest to be offered under the amended public
report for which a fee has not previously been paid.
(b) The maximum fee under Section 11011(b)(2) and (b)(10) shall be $7,600 regardless of the number of interests
authorized to be offered for sale or lease.

(c) The maximum fee under Section 11011(b)(3) and (b)(11) shall be $4,100 regardless of the number of interests
authorized to be offered for sale or lease.

(d) The filing fee for an amended public report where the amendment consists only of a recurring and non-substantive
change including, but not limited to a change in the name of the subdivider shall be $125 and the filing fee for each
additional amended public report consisting only of the same recurring and non-substantive change including, but not
limited to a change in the name of the subdivider submitted by that subdivider at the same time shall be $60. The
subsection does not apply where there is a change in the ownership of the subdivision along with a change in the name
of the subdivider.
2790.2. Conditional Public Reports
(a) An applicant for an original, renewed or amended Final Public Report for a subdivision of the type not described in
Section 11000.1 of the Code may also apply for a Conditional Public Report for the subdivision.
(b) An applicant for a Conditional Public Report shall submit the following information and documents with the
applicable filing fee:
(1) A copy of the statement set forth in Section 11018.12(f) which the applicant proposes to use.

(2) An exemplar sales agreement or lease to be used in any transaction conducted under authority of the Conditional
Public Report. Such sales agreement or lease shall include the following provisions:

(A) As a condition of the sale or lease that no escrow will close, funds will not be released from escrow and the
interest contracted for will not be conveyed until a current Final Public Report for the subdivision is furnished
to the purchaser.
(B) The return of the entire sum of money paid or advanced by the purchaser if a Final Public Report for the
subdivision has not been issued within six months of the date of issuance of the Conditional Public Report or
the purchaser or lessee is dissatisfied with the Final Public Report because of a change pursuant to Section
11012.
(3) An exemplar of escrow instructions to be used in any transaction conducted under authority of the Conditional
Public Report which includes at least the following:
(A) The name and address of the escrow depository.

(B) A description of the nature of the transaction.
(C) Provisions ensuring compliance with Section 11013.2(a) or 11013.4(a) of the Code.
(D) Provisions ensuring that no escrow will close, funds will not be released from escrow and the interest
contracted for will not be conveyed until a current Final Public Report for the subdivision is furnished to the
purchaser or lessee.

(E) Provisions for the return of money as prescribed in subsection (2)(B) above.
(4) For a subdivision described in Section 11004.5 of the Code, in addition to the requirements set forth above:
(A) Information and documents demonstrating that reasonable arrangements have been made to assure
completion of the subdivision and all offsite improvements included in the offering.
(B) Information and documents demonstrating that the applicant has complied with Section 11018.5(a)(2) of
the Code for the subdivision.



(c) A Conditional Public Report will not be issued unless the applicant has met the requirements set forth in Section
11018.12 of the Code.
(d) Written notice of the decision to deny issuance of a Conditional Public Report will be mailed to the applicant,
pursuant to Section 11018.12(c) of the Code, within five business days after the Commissioner decides not to issue a
Conditional Public Report.
(e) The term of a Conditional Public Report will not exceed six months, but the Conditional Public Report may be
renewed for one additional six-month period if the Commissioner determines that the requirements for issuance of a
public report are likely to be satisfied during the renewal term.

(f) The Commissioner may issue a conditional permit for a subdivision as defined in Section 10250.1 in accordance
with the provisions of subsections (a) through (e), above.