reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.05.

10166.05. Notwithstanding any other provision of law, the commissioner shall not issue a license endorsement to act as a mortgage loan originator to an applicant unless the commissioner makes all of the following findings:
(a) The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequent formal vacation of a revocation shall not be deemed a revocation.
(b) (1) The applicant has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court during the seven-year period preceding the date of the application for licensing, or at any time preceding the date of application, if the felony involved an act of fraud, dishonesty, a breach of trust, or money laundering. Whether a particular crime is classified as a felony shall be determined by the law of the jurisdiction in which an individual is convicted.
(2) For purposes of this subdivision, an expunged or pardoned felony conviction shall not require denial of an application. However, the commissioner may consider the underlying crime, facts, or circumstances of an expunged or pardoned felony conviction when determining the eligibility of an applicant for licensure under this subdivision or subdivision (c).
(c) The applicant has demonstrated such financial responsibility, character, and general fitness as to command the confidence of the community and warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of the article.
(d) The applicant has complied with the education and written testing requirements in Section 10166.06.
(Amended by Stats. 2011, Ch. 444, Sec. 1. (SB 217) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.051.

10166.051. In addition to any penalties authorized by regulations adopted pursuant to Section 10166.15, the commissioner may do one or more of the following, after appropriate notice and opportunity for hearing:
(a) Deny, suspend, revoke, restrict, or decline to renew a mortgage loan originator license endorsement for a violation of this article, or any rules or regulations adopted hereunder.
(b) Deny, suspend, revoke, condition, or decline to renew a mortgage loan originator license endorsement, if an applicant or endorsement holder fails at any time to meet the requirements of Section 10166.05 or 10166.09, or withholds information or makes a material misstatement in an application for a license endorsement or license endorsement renewal.
(c) Issue orders or directives to licensees who hold mortgage loan originator license endorsements, as follows:
(1) Order or direct persons subject to this article to desist and refrain from conducting business, including immediate temporary orders to desist and refrain.
(2) Order or direct persons subject to this article to cease any harmful activities or violations of this article, including immediate temporary orders to desist and refrain.
(3) Enter immediate temporary orders to cease business under a license endorsement if the commissioner determines that the license endorsement was erroneously granted or the endorsement holder is currently in violation of this article.
(4) Order or direct any other affirmative action the commissioner deems necessary.
(Added by Stats. 2010, Ch. 287, Sec. 5. (SB 1137) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.08.

10166.08. Each mortgage loan originator shall submit reports of condition to the Nationwide Multistate Licensing System and Registry reports of condition, and those reports shall be in the form and shall contain information as the Nationwide Multistate Licensing System and Registry may require.
(Amended by Stats. 2022, Ch. 511, Sec. 63. (SB 1495) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.09.

10166.09. The minimum standards for renewal of an endorsement as a mortgage loan originator shall include the following:
(a) The mortgage loan originator continues to meet the minimum standards for obtaining an endorsement as a mortgage loan originator.
(b) The mortgage loan originator satisfies the annual continuing education requirements described in Section 10166.10.
(Added by Stats. 2009, Ch. 160, Sec. 6. (SB 36) Effective October 11, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.10.

10166.10. (a) A mortgage loan originator shall complete at least eight hours of continuing education annually, which shall include at least three hours relating to federal law and regulations, two hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues, and two hours related to lending standards for the nontraditional mortgage product marketplace.
(b) For purposes of subdivision (a), continuing education courses and course providers shall be reviewed and approved by the commissioner and the Nationwide Multistate Licensing System and Registry.
(c) The commissioner shall have the authority to substitute any of the courses described in subdivision (a) for the course requirements of Section 10170.5, subject to a finding that the course requirements in subdivision (a) and the course completion standards in subdivision (g) of Section 10166.06 are substantially equivalent to, and meet the intent of, Section 10170.5.
(d) This section does not preclude any education course, as approved by the commissioner and the Nationwide Multistate Licensing System and Registry, that is provided by the employer of the mortgage loan originator or an entity that is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of the employer or entity.
(e) Continuing education may be offered either in a classroom, online, or by any other means approved by the commissioner and the Nationwide Multistate Licensing System and Registry.
(f) A mortgage loan originator may only receive credit for a continuing education course in the year in which the course is taken.
(g) A mortgage loan originator may not take the same approved course in the same or successive years to meet the requirements of this section for continuing education.
(h) A mortgage loan originator who is an instructor of an approved continuing education course may receive credit for their own annual continuing education requirement at the rate of two hours credit for every one hour taught.
(i) A person who successfully completes the education requirements approved by the Nationwide Multistate Licensing System and Registry in any state other than California shall be granted credit by the commissioner towards completion of continuing education requirements in this state.
(j) A mortgage loan originator whose license endorsement lapses, expires, or is suspended or revoked, and who wishes to regain their license endorsement, shall complete continuing education requirements for the last year in which the endorsement was held, before issuance of a new or renewed endorsement.
(Amended by Stats. 2022, Ch. 511, Sec. 64. (SB 1495) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.11.

10166.11. (a) A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131 and who makes, arranges, or services loans secured by real property containing one to four residential units, shall keep documents and records that will properly enable the commissioner to determine whether the residential mortgage brokerage, servicing, and lending functions performed by the broker comply with this division and with all applicable rules and orders made by the commissioner. These documents shall include, at a minimum, the documents described in Section 10148. Upon request of the commissioner, a real estate broker shall file an authorization for disclosure to the commissioner of financial records of the broker’s licensed business pursuant to Section 7473 of the Government Code.
(b) Notwithstanding subdivision (a) of Section 10148, the business documents and records of real estate brokers described in subdivision (a) and real estate salespersons acting under those brokers are subject to inspection and examination or audit by the commissioner, at the commissioner’s discretion, after reasonable notice. That real estate broker or salesperson shall, upon request by the commissioner and within the time period specified in that request, allow the commissioner, or the commissioner’s authorized representative, to inspect and copy any business documents and records. The commissioner may suspend or revoke the license of the broker or salesperson if that person fails to produce documents or records within the time period specified in the request.
(c) Inspection and examination or audit reports prepared by the commissioner’s duly designated representatives pursuant to this section are not public records. Those reports may be disclosed to the officers or directors of a licensee that is the subject of the report for the purpose of corrective action. That disclosure shall not operate as a waiver of the exemption specified in Section 7929.000 of the Government Code.
(Amended by Stats. 2021, Ch. 615, Sec. 30. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.12.

10166.12. (a) As often as the commissioner deems necessary and appropriate, the commissioner shall examine the affairs of each real estate broker who is required to notify the commissioner or obtain a license endorsement pursuant to Section 10166.02 for compliance with this part. These examinations shall also include a review of the affairs of all real estate brokers and real estate salespersons acting under the supervision of each real estate broker who is required to file reports with the department pursuant to Section 10166.07. The commissioner shall appoint suitable persons to perform these examinations. The commissioner and his or her appointees may examine the books, records, and documents of the licensee, and may examine the licensee’s officers, directors, employees, or agents under oath regarding the licensee’s operations. The commissioner may cooperate with any agency of the state or federal government, other states, agencies, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation. The commissioner may accept an examination conducted by one of these entities in place of an examination by the commissioner under this section, unless the commissioner determines that the examination does not provide information necessary to enable the commissioner to fulfill his or her responsibilities under this division.
(b) The commissioner may impose a penalty against a real estate broker or real estate salesperson whose affairs are examined or reviewed pursuant to subdivision (a) based on the findings of the examination or review. The commissioner may suspend or revoke the license or license endorsement of a real estate broker or real estate salesperson who fails to pay that penalty. In addition, the commissioner may bring an action in an appropriate court of this state to collect payment of the penalty.
(c) Penalties collected pursuant to subdivision (b) shall be deposited into the Consumer Recovery Account of the Real Estate Fund and shall, upon appropriation by the Legislature, be available for expenditure for the purposes specified in Chapter 6.5 (commencing with Section 10470).
(d) The statement of the findings of an examination conducted pursuant to this section shall belong to the commissioner and shall not be disclosed to anyone other than the licensee, law enforcement officials, or other state or federal regulatory agencies for further investigation and enforcement. Reports required of licensees by the commissioner under this division and results of examinations performed by the commissioner under this division are the property of the commissioner.
(Amended by Stats. 2011, Ch. 712, Sec. 8. (SB 706) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.13.

10166.13. A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131 and who makes, arranges, or services loans secured by real property containing one to four residential units shall make any special reports to the commissioner that the commissioner may, from time to time, require.
(Added by Stats. 2009, Ch. 160, Sec. 6. (SB 36) Effective October 11, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.14.

10166.14. A real estate broker shall notify the department when he or she is no longer subject to this part. If a broker has already made reports required by Sections 10166.07 and 10166.08 within the year, he or she shall continue reports for that year, but shall notify the department prior to the expiration of that year that he or she will no longer be subject to this part in the succeeding year.
(Added by Stats. 2009, Ch. 160, Sec. 6. (SB 36) Effective October 11, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.15.

10166.15. (a) The commissioner shall regularly report violations of this article, as well as enforcement actions taken against any mortgage loan originator to whom an endorsement has been issued, and enforcement actions taken against any individual for failure to obtain an endorsement as a mortgage loan originator, to the Nationwide Multistate Licensing System and Registry.
(b) The commissioner shall establish a process that may be used by mortgage loan originators to challenge information entered into the Nationwide Multistate Licensing System and Registry by the commissioner.
(c) The commissioner is authorized to promulgate regulations specifying (1) the recordkeeping requirements that mortgage loan originators shall satisfy and (2) the penalties that shall apply to mortgage loan originators for violations of this article.
(Amended by Stats. 2022, Ch. 511, Sec. 65. (SB 1495) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.16.

10166.16. (a) Except as otherwise provided in Section 1512 of the SAFE Act, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to the Nationwide Multistate Licensing System and Registry, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to that information or material, shall continue to apply to the information or material after the information or material has been disclosed to the Nationwide Multistate Licensing System and Registry. The information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law.
(b) For these purposes, the commissioner is authorized to enter agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or other associations representing governmental agencies as established by rule, regulation or order of the commissioner.
(c) Information or material that is subject to a privilege or confidentiality under subdivision (a) shall not be subject to either of the following:
(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the state.
(2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Multistate Licensing System and Registry with respect to the information or material, the person to whom the information or material pertains waives, in whole or in part, in the discretion of the person, that privilege.
(d) This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators that is included in the Nationwide Multistate Licensing System and Registry for access by the public.
(Amended by Stats. 2022, Ch. 511, Sec. 66. (SB 1495) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.1 - Secure and Fair Enforcement for Mortgage Licenses › Section 10166.17.

10166.17. In addition to any other duties imposed upon the commissioner by law, the commissioner shall require mortgage loan originators to be licensed and registered through the Nationwide Multistate Licensing System and Registry. In order to carry out this requirement the commissioner is authorized to participate in the Nationwide Multistate Licensing System and Registry. For this purpose, the commissioner may establish by rule, regulation, or order, requirements as necessary, including, but not limited to, the following:
(a) Background checks for the following:
(1) Criminal history through fingerprint or other databases.
(2) Civil or administrative records.
(3) Credit history.
(4) Any other information as deemed necessary by the Nationwide Multistate Licensing System and Registry.
(b) The payment of fees to apply for or renew licenses through the Nationwide Multistate Licensing System and Registry.
(c) The setting or resetting as necessary of renewal or reporting dates.
(d) Requirements for amending or surrendering a license or any other activities as the commissioner deems necessary for participation in the Nationwide Multistate Licensing System and Registry.
(Amended by Stats. 2022, Ch. 511, Sec. 67. (SB 1495) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.

10167. The definitions used in this section shall govern the construction and terms as used in this article:
(a) “Prepaid rental listing service” means the business of supplying prospective tenants with listings of residential real properties for tenancy, by publication or otherwise, pursuant to an arrangement under which the prospective tenants are required to pay an advance or contemporaneous fee (1) specifically to obtain listings or (2) to purchase any other product or service in order to obtain listings, but which does not otherwise involve the negotiation of rentals by the person conducting the service. “Prepaid rental listing service” does not include the business of providing roommate referral information designed to assist persons in locating a roommate who meets various selection criteria related to the prospective roommate’s personal traits, characteristics, habits or preferences, and selection criteria related to the residential real property occupied by the prospective roommate.
(b) “Licensee” means a person licensed to conduct a prepaid rental listing service or a person engaged in the business of a prepaid rental listing service under a real estate broker license.
(c) “Location” means the place, other than the main or branch office of a real estate broker, where a prepaid rental listing service business is conducted.
(d) “Designated agent” means the person who is in charge of the business of a prepaid rental listing service at a given location.
(e) “Fee” means the charge required by a licensee (1) to obtain listings of residential real properties for tenancy or (2) to purchase any other product or service in order to obtain listings.
(f) “Service charge” means the amount of the fee that a licensee may retain if a prospective tenant finds housing through a source other than the listings supplied by the licensee.
(Amended by Stats. 2000, Ch. 473, Sec. 1. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.1.

10167.1. This article shall not apply to a newspaper of general circulation.
(Added by Stats. 1980, Ch. 1051, Sec. 2. Effective September 26, 1980.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.2.

10167.2. (a) It is unlawful for any person to engage in the business of a prepaid rental listing service unless licensed in that capacity or unless licensed as a real estate broker.
(b) (1) The requirements of this article apply only to the provision of listings of residential real properties for tenancy by prepaid rental listing services. Except if expressly provided otherwise in this article, the requirements of this article do not apply to any other goods or services sold by a prepaid rental listing service as long as the purchase of those goods or services is not required to obtain those listings, and as long as the purchase of those goods or services is not included in the same contract as the contract to provide those listings, and as long as the contract to provide those listings clearly specifies that the purchase of any other goods and services is optional, and as long as the price charged for any other goods and services is fair and reasonable.
(2) In an action alleging that the price charged for any other goods and services is not fair and reasonable, the burden shall be on the commissioner to demonstrate that the price charged unreasonably exceeds the fee customarily charged for the same or comparable goods or services in the community in which the prepaid rental listing service operates. The fact that the price charged for goods or services exceeds the cost incurred by the prepaid rental listing service shall not render the price charged for the goods or services to be unfair or unreasonable, so long as the price charged does not unreasonably exceed the fee customarily charged for the same or comparable goods or services in the community in which the prepaid rental listing service operates.
(Amended by Stats. 2001, Ch. 159, Sec. 30. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.3.

10167.3. (a) A separate application for a license as a prepaid rental listing service shall be made in writing for each location to be operated by a licensee other than a real estate broker. Each application shall be on forms provided by the department, shall be signed by the applicant, and shall be accompanied by a one-hundred-twenty-five-dollar ($125) application fee for the first location, and a fifty-dollar ($50) application fee for each additional location of the applicant.
Applications to add or eliminate locations during the term of a license shall be on forms prescribed by the department. A fifty-dollar ($50) application fee for the remainder of a license term for each location to be added shall accompany the application. Twenty-five dollars ($25) of each application fee shall be credited to the Consumer Recovery Account.
(b) A real estate broker may provide a prepaid rental listing service at a licensed office for the conduct of the broker’s real estate brokerage business if the business at the office is conducted under the immediate supervision of the broker or of a real estate salesperson licensed to, and acting on behalf of, the broker.
(Amended by Stats. 2021, Ch. 431, Sec. 14. (SB 800) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.4.

10167.4. The commissioner may require such proof as he or she may deem advisable concerning the honesty and truthfulness of (a) any applicant for a license as a prepaid rental listing service, (b) the designated agents of the applicant, (c) the officers, directors, and any persons owning 25 percent or more of the shares of any corporation making such an application, or (d) any person owning or controlling a beneficial ownership interest of 25 percent or more in the entity making application before authorizing the issuance of a license for a location. For this purpose, the commissioner may hold a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and may refuse to issue a license to an applicant who does not furnish satisfactory proof of his or her honesty and truthfulness or of the honesty and truthfulness of the corporate officers, directors, and shareholders. To assist in this determination, the commissioner shall require the fingerprinting of every original applicant including designated agents, officers, directors, and persons owning 25 percent or more of the shares of the corporate applicant.
(Amended by Stats. 1987, Ch. 1031, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.5.

10167.5. The business at a location licensed pursuant to subdivision (a) of Section 10167.3 shall be conducted under the immediate supervision of the licensee or a designated agent who is not a designated agent at any other location. Whenever a designated agent ceases permanently to be a designated agent at any location because of death, termination of employment, or any other reason, the licensee, within five days thereafter, shall give written notice to the department. A license issued for a particular location shall automatically expire 60 days after the time the business conducted at such location ceases for any reason to be under the charge of and managed by the designated agent of record with the department, unless within such 60-day period the licensee submits written notice of the new designated agent to the department.
A designated agent of the licensed service may serve as designated agent for the location in question as well as for the location for which he or she is the designated agent of record during the period of 60 days.
(Added by Stats. 1980, Ch. 1051, Sec. 2. Effective September 26, 1980.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.6.

10167.6. Every applicant for a prepaid rental listing service license who is not a resident of this state shall file with the application for a license an irrevocable consent that in any action arising out of the activities of the prepaid rental listing service commenced against him or her in this state, if personal service of process upon him or her cannot be made in this state in the exercise of due diligence, a valid service may be made upon him or her by delivering the process to the Secretary of State.
Insofar as possible, the provisions of Section 1018 of the Code of Civil Procedure relating to service of process on the Secretary of State are applicable to this section.
(Added by Stats. 1980, Ch. 1051, Sec. 2. Effective September 26, 1980.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.7.

10167.7. Except as provided in Section 10167.8, each licensee shall provide to the department, and at all times maintain in force, a bond in the amount of ten thousand dollars ($10,000) for each location. The bond may be in the form of a corporate surety bond, or a cash deposit. A cash deposit may be deposited by the licensee in an interest-bearing account assigned to the commissioner, with interest earned thereon payable to the licensee. The bond or cash deposit may be utilized by the commissioner for the benefit of any unsatisfied judgment creditor in an action pursuant to subdivision (e) of Section 10167.10.
(Amended by Stats. 2000, Ch. 473, Sec. 4. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.8.

10167.8. The requirement of Section 10167.7 shall not apply to any prepaid rental listing service operated by: (a) a person exempt from the payment of federal and state income taxes; (b) an agency of the federal, state, or local government; or (c) a real estate broker conducting a prepaid rental listing service pursuant to a real estate license.
(Added by Stats. 1980, Ch. 1051, Sec. 2. Effective September 26, 1980.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.95.

10167.95. Prior to the acceptance of a fee, and in addition to the contract required pursuant to Section 10167.9, a licensee shall provide the prospective tenant with the following written notice, in a type size of at least 12-point type:
YOU MAY BE ENTITLED TO A REFUND IF YOU DO NOT RECEIVE THE SERVICES YOU HAVE BEEN PROMISED. COMPLETE TERMS AND CONDITIONS GOVERNING THE REFUND TO WHICH YOU MAY BE ENTITLED ARE CONTAINED IN YOUR CONTRACT. THE FOLLOWING IS A SIMPLIFIED SUMMARY OF SOME OF THE RIGHTS DESCRIBED IN YOUR CONTRACT:
If (name of licensee) does not provide you with at least three available rental properties meeting the specifications of your contract within five days after you pay the fee charged by (name of licensee), you are entitled to a full refund. To obtain this refund, you must request it from (name of licensee) in writing within 15 days of paying your fee.
If you do not obtain a rental through the services of (name of licensee) during the term of your contract, you are entitled to a refund of your fee, minus a service charge, which may not exceed ____ dollars ($____). To obtain this refund, you must provide (name of licensee) with written documentation or a signed statement that you obtained a rental without the assistance of (name of licensee) or that you did not move. This documentation or signed statement must be provided to (name of licensee) with a written request for refund, within 10 days following the expiration of your contract.
If (name of licensee) fails to refund your money, as required by your contract, you may sue (name of licensee) in a small claims court. The court may award you the refund you failed to receive, plus additional damages, up to $1,000.
If you wish to file a complaint about (name of licensee) or if you cannot collect on a court award, you should contact the Department of Real Estate at 1-877-373-4542 or www.dre.ca.gov.
(Amended by Stats. 2021, Ch. 431, Sec. 16. (SB 800) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.11.

10167.11. It shall be a violation of this article for any licensee or any employee or agent of a licensee to do the following:
(a) Make, or cause to be made, any false, misleading, or deceptive advertisements or representations concerning the services that the licensee will provide to prospective tenants.
(b) Refer a property to a prospective tenant knowing or having reason to know that:
(1) The property does not exist or is unavailable for tenancy.
(2) The property has been described or advertised by or on behalf of the licensee in a false, misleading, or deceptive manner.
(3) The licensee has not confirmed the availability of the property for tenancy during the four-day period immediately preceding dissemination of the listing information. However, it shall not be a violation to refer a property to a prospective tenant during a period of from five to seven days after the most recent confirmation of the availability of the property for rental if the licensee has made a good faith effort to confirm availability within the stated four-day period, and if the most recent date of confirmation of availability is set forth in the referral.
(4) The licensee has not obtained written or oral permission to list the property from the property owner, manager, or other authorized agent.
(Amended by Stats. 2000, Ch. 473, Sec. 7. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.12.

10167.12. (a) The commissioner may suspend, deny, or revoke the license of a licensee or the license of the licensee to operate at one or more locations for either of the following:
(1) A violation of this article by a licensee or by an employee or agent, including a designated agent, of the licensee.
(2) A conviction of a licensee, or a designated agent, or of an officer, director, or owner of 25 percent or more of the shares of a corporate licensee for a crime which is substantially related to the qualifications, functions, or duties of a prepaid rental listing service licensee.
(b) For the purpose of determining whether grounds exist for suspending, denying, or revoking the license of a licensee, the commissioner shall hold a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2000, Ch. 473, Sec. 8. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.13.

10167.13. A prepaid rental listing service license issued by the department shall be for a period of two years. An application and fee for renewal filed with the department before midnight of the last day of the period for which a previous license was issued entitles the licensee to continue operating at all locations specified in the previous license for which a renewal fee is paid.
(Added by Stats. 1980, Ch. 1051, Sec. 2. Effective September 26, 1980.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.14.

10167.14. Whenever any person has engaged or threatens to engage in any acts or practices which constitute, or will constitute a violation of a provision of the article, the superior court of the county in which the acts or practices have taken place, or are about to take place, on complaint of the commissioner, the attorney general, district attorney, or city attorney, may enjoin such acts or practices by appropriate order. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required.
(Added by Stats. 1980, Ch. 1051, Sec. 2. Effective September 26, 1980.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.15.

10167.15. Any person, including an officer, director, or employee of a corporation who willfully violates any provision of this article is guilty of a misdemeanor.
(Added by Stats. 1980, Ch. 1051, Sec. 2. Effective September 26, 1980.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.16.

10167.16. A person or corporation licensed pursuant to this article and not engaging in acts for which a real estate license is required under Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of Division 4, shall be subject, in addition to the provisions of this article, to the provisions of Chapter 1 (commencing with Section 10000) and Chapter 2 (commencing with Section 10050) of Part 1 of Division 4, and to Sections 10450, 10452, 10453, and 10454.
(Added by Stats. 1980, Ch. 1051, Sec. 2. Effective September 26, 1980.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.3 - Prepaid Rental Listing Service › Section 10167.17.

10167.17. The commissioner shall, by regulation, make prepaid rental listing service licensees and applicants for prepaid rental listing service licenses subject to the same provisions respecting licensure as are applicable to real estate licenses under Sections 10151.5, 10156.5, 10156.6, 10156.7, 10200, and 10201.
(Added by Stats. 1987, Ch. 1031, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.5 - Continuing Education › Section 10170.

10170. The Legislature has determined that it is in the public interest of consumer protection and consumer service that all real estate licensees licensed under the provisions of this part comply with continuing education requirements adopted by the commissioner pursuant to this article as a prerequisite to the renewal of real estate licenses on and after January 1, 1981.
(Added by Stats. 1976, Ch. 1346.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.5 - Continuing Education › Section 10170.2.

10170.2. The commissioner may appoint a committee comprised of licensees under this part and persons with expertise in real estate education to advise him with respect to his responsibilities under this article.
(Added by Stats. 1976, Ch. 1346.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.5 - Continuing Education › Section 10170.4.

10170.4. The commissioner shall adopt regulations pursuant to Section 10080, to prescribe all of the following:
(a) A definition of basic requirements for continuing education of 45 clock hours of attendance at approved educational courses, seminars, workshops, or conferences, or their equivalent, achieved during a four-year period preceding license renewal application.
(b) A basis and method of qualifying educational programs, the successful completion of which, will satisfy the requirements of this article.
(c) A procedure for evaluation of petitions based on a claim of equivalency with the requirements of subdivision (a), and a reasonable standard by which an activity would be judged equivalent, including, but not limited to, instruction in real estate subjects, publication of professional articles or books, or development of real estate educational programs, law or research.
(d) A system of control and reporting qualifying attendance.
(e) An appropriate form of testing, examination or evaluation by the sponsor of each approved correspondence or homestudy educational program, or equivalent, of the student.
(f) A statement of the conditions of exemption from the continuing education requirements established under this article, as well as a method of applying and qualifying for these exemptions, for reasons of health, military service, or other compelling cause.
In exercising the authority under this article, the commissioner shall establish standards which will assure reasonable currency of knowledge as a basis for a level of real estate practice which will provide a high level of consumer protection and of competence in achieving the objectives of members of the public who engage the services of licensees. The standards shall permit a variety of alternatives of subject material to licensees taking cognizance of specialized areas of practice, and alternatives in sources of programs considering availability in area and time. The standards shall include, where qualified, generally accredited educational institutions, private vocational schools, correspondence institutions, educational programs, workshops, and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings.
(Amended by Stats. 1997, Ch. 232, Sec. 2. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.5 - Continuing Education › Section 10170.6.

10170.6. The commissioner may amend or repeal any regulation adopted pursuant to this article in the same manner as provided for adoption of such regulations, except that no amendment or repeal shall operate to deprive any licensee of the right to submit qualifying education completed pursuant to such amended or repealed regulation during his current license term, as a basis for license renewal.
(Added by Stats. 1976, Ch. 1346.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.5 - Continuing Education › Section 10170.8.

10170.8. (a) This article shall not apply to a real estate licensee who submits proof satisfactory to the commissioner that the real estate licensee has been a real estate licensee in good standing for 30 continuous years in this state and is 70 years of age or older.
(b) A “real estate licensee in good standing” is one who holds an active license that has not been suspended, revoked, or restricted as a result of disciplinary action, who has not surrendered a license while under investigation or while subject to a disciplinary action, or received an order of debarment.
(Amended by Stats. 2021, Ch. 431, Sec. 17. (SB 800) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.5 - Continuing Education › Section 10171.2.

10171.2. If an applicant for a license has submitted, in good faith, evidence of completion of continuing education which he had reason to believe would qualify him for license renewal, but the commissioner finds that the evidence submitted does not qualify under standards adopted pursuant to this article, the commissioner may, nonetheless, extend the license for 90 days in order to allow the applicant to submit additional evidence of compliance, which satisfies the requirements of this article. When the license is issued during or at the end of the grace period provided for in this section it shall expire four years from the date otherwise applicable if no grace period had been granted.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.5 - Continuing Education › Section 10171.3.

10171.3. On and after January 1, 1981, a real estate license, which has been revoked as the result of disciplinary action by the commissioner, shall not be reinstated, nor shall a restricted real estate license be issued to an applicant in connection with a petition for reinstatement, unless the applicant presents evidence of completion of the continuing education required by this article. This requirement of evidence of continuing education shall not be imposed upon an applicant for reinstatement who has been required under Section 10182 to pass a qualifying examination as a condition to reinstatement.
(Amended by Stats. 1984, Ch. 144, Sec. 18.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.5 - Continuing Education › Section 10171.4.

10171.4. Any licensee who applies for renewal of his or her license under Section 10461, or for reinstatement of his or her license under Section 10161.5 or 10463, shall, if the previous active license issued to him or her was issued four or more years prior to his or her application for renewal or reinstatement, present evidence of compliance with this article. If no such qualifying evidence is presented, the commissioner may issue a temporary license for a period of 90 days.
If the applicant presents evidence within 90 days of compliance with this article and is otherwise qualified, the commissioner shall issue a regular license without additional fee. It shall expire four years from the date which would otherwise have been applicable if a temporary license under this section had not been issued.
(Amended by Stats. 1991, Ch. 328, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2.5 - Continuing Education › Section 10171.5.

10171.5. A person who is licensed as a real estate broker only as an officer of a corporate broker pursuant to Section 10158 or 10211 shall not be eligible for the renewal of such license nor for the issuance of a license in an individual capacity or as an officer of a corporate broker licensed pursuant to Section 10158 or 10211, unless and until such person has completed the continuing education requirements of this article.
(Added by renumbering Section 10171.1 (as added by Stats. 1980, Ch. 263) by Stats. 1983, Ch. 413, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10175.

10175. Upon grounds provided in this article and the other articles of this chapter, the license of any real estate licensee may be revoked or suspended in accordance with the provisions of this part relating to hearings.
(Added by Stats. 1943, Ch. 127.)