reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 25 - Continuing Education Requirements › Section 3015 - Interactive Participatory Component

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "Interactive participatory component," as used in
				  Business and Professions Code section
				  10170.5
				  means instruction whereby the instructor actively involves the students in
				  their learning process through instructor-student interaction and/or through
				  guided student-student interaction.
1. New section
				  filed 12-28-2022; operative 1-1-2023 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 52).
Note: Authority cited: Sections
					 10080
					 and
					 10170.4,
					 Business and Professions Code. Reference: Section
					 10170.5,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 25 - Continuing Education Requirements › Section 3017 - Fair Housing Course

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The continuing education course on "fair housing" required by
				  Business and Professions Code section
				  10170.5
				  shall include subject matters covering the following:
(a) federal and state fair housing laws
				relating to the sale and leasing of real property.
(b) federal and state laws concerning civil
				rights and anti-discrimination requirements that are relevant to real property
				transactions and business opportunities.
1. New section
				  filed 12-28-2022; operative 1-1-2023 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 52).
Note: Authority cited: Sections
					 10080
					 and
					 10170.4,
					 Business and Professions Code. Reference: Section
					 10170.5,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 25.2 - Minority and Women Business Participation Goals for State Contracts [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				article 25.2 (sections
				3050-3056) filed 11-27-96;
				operative 12-27-96 (Register 96, No. 48).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 26 - Recovery Account › Section 3100 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this Article, the following definitions will
				  apply:
(a) "Recovery Account" means
				the separate account in the Real Estate Fund established pursuant to Section
				10450.6 of the Code for purposes
				of carrying out the provisions of Chapter 6.5 of the Real Estate Law.
(b) "Application" means an application for
				payment from the Recovery Account filed with the Bureau pursuant to Section
				10471(a) of the
				Code.
(c) "Party" means either the
				claimant, the judgment debtor, or the Bureau.
(d) "Claimant" means an aggrieved person who
				filed an application pursuant to Section
				10471(a) of the
				Code.
(e) "Person" includes
				corporation, partnership, company or firm.
(f) "Final Judgment" means a judgment,
				arbitration award, or criminal restitution order for which the period for
				appeal has expired, enforcement of which is not barred by the order of any
				court or by any statutory provision, and which has not been nullified or
				rendered void by any court order or statutory provision.
(g) "Court of Competent Jurisdiction" means a
				small claims, municipal or superior court of the State of California, or a
				United States district court or United States bankruptcy court sitting to
				conduct its affairs within the boundaries of the State of California.
(h) "County in Which a Judgment Was Rendered"
				means the county within California in which the court issuing the judgment or
				restitution order sits or, if the claim is based on an arbitration award, the
				county in which the arbitration was conducted, or in which the claimant
				resides.
(i) Where appropriate to
				the context the singular number includes the plural and the plural number
				includes the singular.
1. New section
				  filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 51).
2. New subsections (g) and (h) and subsection
				  relettering filed 12-30-97; operative 1-29-98 (Register 98, No.
				  1).
3. Amendment of subsections (f) and (h) filed 10-26-99;
				  operative 11-25-99 (Register 99, No. 44).
4. Change without
				  regulatory effect amending subsections (b) and (c) filed 6-30-2014 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10450.6,
					 10470,
					 10470.1,
					 10471,
					 10471.1,
					 10471.2,
					 10471.3,
					 10471.4,
					 10471.5,
					 10471.6,
					 10472,
					 10472.1,
					 10473,
					 10473.1,
					 10474,
					 10474.5,
					 10475,
					 10476,
					 10477,
					 10478,
					 10479,
					 10480
					 and
					 10481,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 26 - Recovery Account › Section 3101 - Application for Payment from Recovery Account

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 Section
				10471(c) of the
				Code, and shall contain all of the information specified in Section
				3102, 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 claimant may submit with the application less than all of the information
				defined by Section
				3102 of these regulations 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
				10470 through
				10481 of the Code for payment from
				the Recovery Account. However, an application will not be deemed substantially
				complete within the meaning of Section
				3102 of these regulations unless:
(1) The Bureau determines that what has been
				submitted is sufficient for it to make a determination whether the application
				qualifies for payment from the Recovery Account and so notifies the claimant as
				provided in Section
				3105 of these regulations;
				or
(2) The application and
				supporting information meet all of the requirements specified in Section
				3102 of these
				regulations.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 26 - Recovery Account › Section 3103 - Response by Judgment Debtor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The response by a judgment debtor must
				contain a verification that a copy of the response was sent to the claimant, or
				if the claimant is represented by an attorney, to the claimant's attorney, at
				the address specified in the application for the claimant or his or her
				attorney.
(b) If the judgment
				debtor is not represented by an attorney in objecting to payment of the
				application, the response must contain the judgment debtor's name, the address
				at which he or she wishes to receive correspondence and notices relating to the
				application, and a telephone number where he or she can be reached during
				regular business hours. If the judgment debtor is represented by an attorney in
				objecting to the application, the response must contain the name, business
				address, and telephone number of the attorney.
1. New section
				  filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 51).
2. Repealer of subsection (a), subsection
				  relettering, and amendment of newly designated subsection (a) filed 11-27-96;
				  operative 12-27-96 (Register 96, No. 48).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10471.1,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 26 - Recovery Account › Section 3104 - Subsequent Service of Correspondence and Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After initial service of the application on the Bureau and
				  the judgment debtor by the claimant as provided by sections
				  10471(b) and
				  10471.1(a) and
				  (b), and after service of a response by the
				  judgment debtor as provided by section
				  10471.1(c) of the
				  Code and section
				  3103 of these regulations, all
				  parties shall be served with subsequent correspondence and notices by first
				  class mail as follows:
(a) The Bureau
				shall be served at:
Bureau of Real Estate
Recovery Account Unit
P.O. Box 137007
Sacramento, CA 95813-7007
(b) The claimant shall be served at his or
				her address as specified in the application, or if the claimant is represented
				by an attorney, at the address of the attorney as specified in the
				application.
(c) The judgment
				debtor shall be served at his or her address as specified in the response, or
				if the judgment debtor is represented by an attorney as specified in the
				response.
If the claimant or judgment debtor later wishes to be served
				  at an address other than as specified above, such party shall notify the other
				  parties by first class mail of the new address.
1. New section
				  filed 12-15-86; designated effective 1-1-87 pursuant to Government Code section
				  11346.2(d)
				  (Register 86, No. 51).
2. Amendment of subsection (a) filed 3-18-88;
				  operative 4-17-88 (Register 88, No. 14).
3. Amendment of subsection
				  (a) filed 7-12-91; operative 8-11-91 (Register 91, No. 44).
4.
				  Change without regulatory effect amending first paragraph and subsection (a)
				  filed 6-30-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code Reference: Sections
					 10471,
					 10471.1,
					 10471.2,
					 10471.5
					 and
					 10472,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 26 - Recovery Account › Section 3105 - Notification of Substantially Complete Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 51).
2. Repealer filed 11-27-96; operative
				  12-27-96 (Register 96, No. 48).
Note: Authority cited: Sections
					 10080
					 and
					 10471.2,
					 Business and Professions Code. Reference: Sections
					 10471.2
					 and
					 10471.3,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 26 - Recovery Account › Section 3106 - Procedures to be Followed when Judgment Debtor Has Filed a Response

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A judgment
				debtor who has filed a response objecting to payment to a claimant from the
				Recovery Account may submit written argument setting forth in detail the
				factual and legal bases upon which he or she believes the application should be
				denied. Such argument may be submitted at any time from the filing of the
				response until 30 days after the date of mailing of the Notice set forth in
				Section 10471.1(c) of the
				Code, and shall be served upon the Bureau and the claimant as specified in
				Section 3104 of these
				regulations.
(b) The claimant shall
				have 30 days after the mailing of argument by the judgment debtor in which to
				submit his or her own argument in favor of payment. Such argument by the
				claimant shall be served upon the Bureau and the judgment debtor as provided in
				Section 3104 of these
				regulations.
1. New section
				  filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 51).
2. Amendment of subsection (a) filed
				  11-9-2000; operative 12-9-2000 (Register 2000, No. 45).
3. Change
				  without regulatory effect amending section filed 6-30-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10471.1,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 26 - Recovery Account › Section 3107 - Unreasonable Delay by Claimant in Responding to Deficiency Letter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event
				that the Bureau has mailed one or more itemized lists of deficiencies to a
				claimant as provided by Section
				10471.2(a) of the
				Code, and if after an unreasonable length of time the Bureau has received no
				response to the latest such list of deficiencies, the Bureau may notify the
				claimant that unless the application is substantially complete within a
				specified period of time of not less than 30 days, the application will be
				denied.
(b) The determination of
				what constitutes an unreasonable length of time shall be within the discretion
				of the Commissioner, taking into account the degree of difficulty in meeting
				the deficiencies specified. However, an "unreasonable length of time" shall not
				be deemed to be less than six months after the last mailing of a list of
				deficiencies.
(c) If no response
				has been received from the claimant after the passing of the deadline specified
				by the Bureau pursuant to subdivision (a) of this section, the Commissioner may
				deny the application.
1. New section
				  filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 51).
2. Change without regulatory effect amending
				  subsections (a) and (c) filed 6-30-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
Note: Authority cited: Sections
					 10080
					 and
					 10471.2,
					 Business and Professions Code. Reference: Sections
					 10471.2,
					 10471.3,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 26 - Recovery Account › Section 3108 - Procedure upon Filing of Proration Proceeding. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 51).
2. Repealer filed 11-27-96; operative
				  12-27-96 (Register 96, No. 48).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10471.6,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 26 - Recovery Account › Section 3109 - Procedure upon Filing of Writ of Mandamus by Judgment Debtor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the decision of the Commissioner is to
				make a payment out of the Recovery Account, and the judgment debtor files a
				writ of mandamus as provided in Section
				10471.5(c) of the
				Code, no payment shall be made of the pending application unless and until the
				writ of mandamus has been denied and such denial has become final.
(b) If such writ of mandamus is granted on
				the basis that the claimant has not met the requirements for payment from the
				Recovery Account, the application shall be denied.
1. New section
				  filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section
				  11346.2(d)
				  (Register 86, No. 51).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10471.5,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 36 - Conflict of Interest Code of the Department of Real Estate › Section 3200 - Conflict of Interest Code of the Department of Real Estate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
NOTE:
Pursuant to a regulation of the Fair
				  Political Practices Commission (Title 2, CCR, section
				  18750(k)(2)), an
				  agency adopting a conflict of interest code has the options of requesting that
				  the code either be (1) printed in the CCR in its entirety or (2) incorporated
				  by reference into the CCR. Here, the adopting agency has requested
				  incorporation by reference. However, the full text of the regulations is
				  available to the public for review or purchase at cost at the following
				  locations:
DEPARTMENT OF REAL ESTATE
2201 BROADWAY
P.O. BOX 187000
SACRAMENTO, CA 95818-7000
FAIR POLITICAL PRACTICES COMMISSION
428 J STREET
SACRAMENTO, CA 95814-2331
ARCHIVES
SECRETARY OF STATE
1020 0 STREET
SACRAMENTO, CA 95814-5704
The Conflict of Interest Code is designated as Article 36,
				  Chapter 6 of Title 10 of the California Code of Regulations, and consists of
				  sections numbered and titled as follows:
Article 36. Conflict of Interest Code of the Department of
				  Real Estate
Section
3200.
General Provisions
Appendix
1. New Article
				  36 (sections
				  3200-3208) filed 5-20-77;
				  effective thirtieth day thereafter. Approved by Fair Political Practices
				  Commission 3-17-77 (Register 77, No. 21).
2. Amendment of section
				  3201 filed 12-3-80; effective
				  thirtieth day thereafter (Register 80, No. 49).
3. Repealer of
				  article 36 (sections
				  3200-3208) and new article 36
				  (section 3200 and Appendix) filed 2-26-81;
				  effective thirtieth day thereafter. Approved by Fair Political Practices
				  Commission 12-1-80 (Register 81, No. 9).
4. Amendment filed
				  12-12-91; operative 1-13-92. Approved by Fair Political Practices Commission
				  10-9-91 (Register 92, No. 10).
5. Editorial correction of HISTORY 4
				  (Register 95, No. 42).
6. Amendment of addresses, section and
				  appendix filed 9-17-97; operative 10-17-97. Approved by Fair Political
				  Practices Commission 7-31-97 (Register 97, No. 38).
7. Amendment of
				  Appendix filed 2-13-2003; operative 3-15-2003. Approved by Fair Political
				  Practices Commission 12-5-2002 (Register 2003, No. 7).
8. Amendment
				  of section and Appendix filed 5-22-2019; operative 6-21-2019 pursuant to Cal.
				  Code Regs., tit. 2, section
				  18750(d).
				  Approved by the Fair Political Practices Commission 4-26-2019 and submitted to
				  OAL for filing and printing only pursuant to Government Code section
				  87311
				  (Register 2019, No. 21).
Note: Authority cited: Sections
					 87300 and
					 87304,
					 Government Code. Reference: Sections
					 87300,
					 87302,
					 87306,
					 89503, and
					 89505,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3501 - Business Entities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article
				  2 and section filed 6-7-94; operative 6-7-94 (Register 94, No.
				  23).
2. Repealer filed 11-1-96; operative 11-1-96 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 44).
Note: Authority cited: Sections
					 11313,
					 11314
					 and
					 11325,
					 Business and Professions Code. Reference: Sections
					 11320
					 and
					 11325,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3521 - Scope of Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The types of federally related transactions which shall be
				  performed by each class of licensed appraisers shall be as provided in Section
				  323.3 of Part 323 of Subchapter B
				  of Chapter III of Title 12 of the Code of Federal
				  Regulations.
1. Renumbering
				  and amendment of former section
				  3503 to new section
				  3521 and renumbering of former
				  section 3521 to new section
				  3566 filed 11-1-96; operative
				  11-1-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 44). For prior history, see Register 94, No.
				  23.
Note: Authority cited: Section
					 11325,
					 Business and Professions Code. Reference:
					 12 C.F.R., Part 323, Section
					 323.3.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3522 - License or Certificate of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each license or Certificate of Registration shall show on its
				  face in clear and concise language the following information:
(a) The name of the holder;
(b) The license number or Certificate of
				Registration number;
(c) The scope
				of authority conferred by the document;
(d) Whether restricted or limited in any
				manner, and if so, the nature of the restriction or limitation; and
(e) The dates of issuance and expiration of
				the document.
1. Renumbering
				  and amendment of section heading and former section
				  3504 to new section
				  3522, and renumbering of former
				  section 3522 to new section
				  3567 filed 11-1-96; operative
				  11-1-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 44). For prior history, see Register 94, No.
				  23.
2. Amendment of section heading and section filed 1-21-2010 as
				  an emergency; operative 1-21-2010 (Register 2010, No. 4). A Certificate of
				  Compliance must be transmitted to OAL by 7-20-2010 or emergency language will
				  be repealed by operation of law on the following day.
3. Amendment
				  of section heading and section refiled 7-21-2010 as an emergency; operative
				  7-21-2010 (Register 2010, No. 30). A Certificate of Compliance must be
				  transmitted to OAL by 10-19-2010 or emergency language will be repealed by
				  operation of law on the following day.
4. Amendment of section
				  heading and section refiled 10-18-2010 as an emergency; operative 10-18-2010
				  (Register 2010, No. 43). A Certificate of Compliance must be transmitted to OAL
				  by 1-18-2011 or emergency language will be repealed by operation of law on the
				  following day.
5. Certificate of Compliance as to 10-18-2010 order
				  transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No.
				  5).
Note: Authority cited: Section
					 11314,
					 Business and Professions Code. Reference: Sections
					 11320
					 and
					 11321,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3523 - License or Certificate of Registration Property of the Bureau

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each license or Certificate of Registration shall remain the
				  property of the Bureau and shall be surrendered to the Bureau or its authorized
				  representative upon order of the Chief, unless otherwise ordered pursuant to
				  these regulations.
1. Renumbering
				  and amendment of former section
				  3523 to new section
				  3568 and new section filed
				  11-1-96; operative 11-1-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 44). For prior history, see Register 94, No.
				  23.
2. Amendment of section heading and section filed 1-21-2010 as
				  an emergency; operative 1-21-2010 (Register 2010, No. 4). A Certificate of
				  Compliance must be transmitted to OAL by 7-20-2010 or emergency language will
				  be repealed by operation of law on the following day.
3. Amendment
				  of section heading and section refiled 7-21-2010 as an emergency; operative
				  7-21-2010 (Register 2010, No. 30). A Certificate of Compliance must be
				  transmitted to OAL by 10-19-2010 or emergency language will be repealed by
				  operation of law on the following day.
4. Amendment of section
				  heading and section refiled 10-18-2010 as an emergency; operative 10-18-2010
				  (Register 2010, No. 43). A Certificate of Compliance must be transmitted to OAL
				  by 1-18-2011 or emergency language will be repealed by operation of law on the
				  following day.
5. Certificate of Compliance as to 10-18-2010 order
				  transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No.
				  5).
6. Change without regulatory effect amending section heading and
				  section filed 2-11-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 7).
Note: Authority cited: Sections
					 11313
					 and
					 11314,
					 Business and Professions Code. Reference: Sections
					 11315
					 and
					 11319,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3524 - Term of License or Certificate of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every original license or Certificate of Registration shall
				  be valid for the term set forth in Sections
				  11341
				  and
				  11345.1
				  of the Business and Professions Code unless otherwise ordered pursuant to these
				  regulations.
1. Renumbering
				  and amendment of section heading and former section
				  3505 to new section
				  3524 and renumbering of former
				  section 3524 to new section
				  3569 filed 11-1-96; operative
				  11-1-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 44). For prior history, see Register 94, No.
				  23.
2. Amendment of section heading, section and NOTE filed
				  1-21-2010 as an emergency; operative 1-21-2010 (Register 2010, No. 4). A
				  Certificate of Compliance must be transmitted to OAL by 7-20-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
3. Amendment of section heading and section refiled 7-21-2010
				  as an emergency; operative 7-21-2010 (Register 2010, No. 30). A Certificate of
				  Compliance must be transmitted to OAL by 10-19-2010 or emergency language will
				  be repealed by operation of law on the following day.
4. Amendment
				  of section heading and section refiled 10-18-2010 as an emergency; operative
				  10-18-2010 (Register 2010, No. 43). A Certificate of Compliance must be
				  transmitted to OAL by 1-18-2011 or emergency language will be repealed by
				  operation of law on the following day.
5. Certificate of Compliance
				  as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed 1-31-2011
				  (Register 2011, No. 5).
Note: Authority cited: Sections
					 11313
					 and
					 11314,
					 Business and Professions Code. Reference: Sections
					 11341
					 and
					 11345.1,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3526 - Consent to Service of Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each applicant for a license or temporary
				practice permit who is a non-resident of California shall complete the Consent
				to Service of Process Form REA 3006 (Rev. 01/01/2017), which is herein
				incorporated by reference or any federally-approved equivalent form.
(b) Any Controlling Person applicant who is a
				non-resident of California shall complete the Consent to Service of Process
				Form REA 3006 (Rev. 01/01/2017).
1. Renumbering
				  and amendment of former section
				  3508 to new section
				  3526 and renumbering of former
				  section 3526 to new section
				  3581 filed 11-1-96; operative
				  11-1-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 44). For prior history, see Register 94, No.
				  23.
2. Amendment filed 11-2-99; operative 12-2-99 (Register 99, No.
				  45).
3. Change without regulatory effect amending section filed
				  9-18-2000 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2000, No. 38).
4. Amendment filed 1-21-2010 as
				  an emergency; operative 1-21-2010 (Register 2010, No. 4). A Certificate of
				  Compliance must be transmitted to OAL by 7-20-2010 or emergency language will
				  be repealed by operation of law on the following day.
5. Amendment
				  refiled 7-21-2010 as an emergency; operative 7-21-2010 (Register 2010, No. 30).
				  A Certificate of Compliance must be transmitted to OAL by 10-19-2010 or
				  emergency language will be repealed by operation of law on the following
				  day.
6. Amendment refiled 10-18-2010 as an emergency; operative
				  10-18-2010 (Register 2010, No. 43). A Certificate of Compliance must be
				  transmitted to OAL by 1-18-2011 or emergency language will be repealed by
				  operation of law on the following day.
7. Certificate of Compliance
				  as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed 1-31-2011
				  (Register 2011, No. 5).
8. Amendment of section and NOTE filed
				  6-27-2019; operative 10-1-2019 (Register 2019, No.
				  26).
Note: Authority cited: Sections
					 11313,
					 11314
					 and
					 11340,
					 Business and Professions Code. Reference: Sections
					 11313
					 and
					 11345,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3527 - Personal Information or Contact Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All applicants for and holders of a
				license, temporary practice permit or course provider approval permit shall
				submit written notice to BREA of any change to the following within 10 days on
				the Change Notification and Miscellaneous Requests Form REA 3011 (Rev.
				04/01/2020), which is herein incorporated by reference:
(1) Name;
(2) Residence telephone number;
(3) Business telephone number;
(4) Business name; or
(5) Mailing address.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3528 - Minimum Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				All applicants for, and holders of, any license or permit authorized by this
				chapter shall meet the minimum requirements set forth in this chapter or those
				established by the Appraiser Qualifications Board, whichever is
				greater.
(b) Notwithstanding any
				other provision in this Chapter, applicants shall be evaluated based on the
				minimum requirements in effect on the date both a complete application is
				received by the Bureau and the applicant has successfully passed the
				examination.
(1) "Complete application," as
				used in this section, includes, but is not limited to, completed education and
				experience requirements.
(2)
				"Applicant," as used in this section, includes, but is not limited to, existing
				BREA licensees applying for a different BREA-issued license, including
				appraisers licensed pursuant to §
										3541(d) applying
				for a federally recognized license.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3529 - Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Bureau may review and audit the records of applicants,
				  licensees, educational providers, registered Appraisal Management Companies and
				  persons or entities acting in a capacity that requires a Certificate of
				  Registration, to determine compliance with the requirements of this chapter and
				  state and federal law. Applicants, licensees, educational providers, and
				  registered Appraisal Management Companies shall cooperate with the Bureau in
				  the conduct of such audits and provide access during normal business hours to
				  records and such information as the Bureau deems reasonably necessary for the
				  completion of the audit.
1. Renumbering
				  and amendment of former section
				  3529 to new section
				  3602 and new section filed
				  11-1-96; operative 11-1-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 44). For prior history, see Register 94, No.
				  23.
2. Amendment of section and NOTE filed 1-21-2010 as an
				  emergency; operative 1-21-2010 (Register 2010, No. 4). A Certificate of
				  Compliance must be transmitted to OAL by 7-20-2010 or emergency language will
				  be repealed by operation of law on the following day.
3. Amendment
				  of section and NOTE refiled 7-21-2010 as an emergency; operative 7-21-2010
				  (Register 2010, No. 30). A Certificate of Compliance must be transmitted to OAL
				  by 10-19-2010 or emergency language will be repealed by operation of law on the
				  following day.
4. Amendment of section and NOTE refiled 10-18-2010
				  as an emergency; operative 10-18-2010 (Register 2010, No. 43). A Certificate of
				  Compliance must be transmitted to OAL by 1-18-2011 or emergency language will
				  be repealed by operation of law on the following day.
5. Certificate
				  of Compliance as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed
				  1-31-2011 (Register 2011, No. 5).
6. Change without regulatory
				  effect amending section filed 2-11-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 7).
Note: Authority cited: Sections
					 11313,
					 11314,
					 11328
					 and
					 11340,
					 Business and Professions Code. Reference: Sections
					 11320.5,
					 11328,
					 11328.1,
					 11340
					 and
					 11345.45,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 2 - General Requirements › Section 3530 - Limitations on Licenses and Certificates of Registration for Aliens. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A
				  Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Editorial correction of subsection (e)(6) (Register 98, No.
				  52).
3. Certificate of Compliance as to 8-17-98 order, including
				  amendment of subsection (a), transmitted to OAL 11-5-98 and filed 12-21-98
				  (Register 98, No. 52).
4. Change without regulatory effect amending
				  subsections (e)(1), (e)(3) and (g) filed 9-18-2000 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2000, No. 38).
5. Amendment of section heading
				  and subsection (b) filed 1-21-2010 as an emergency; operative 1-21-2010
				  (Register 2010, No. 4). A Certificate of Compliance must be transmitted to OAL
				  by 7-20-2010 or emergency language will be repealed by operation of law on the
				  following day.
6. Editorial correction of subsection (i) (Register
				  2010, No. 4).
7. Amendment of section heading and subsection (b)
				  refiled 7-21-2010 as an emergency; operative 7-21-2010 (Register 2010, No. 30).
				  A Certificate of Compliance must be transmitted to OAL by 10-19-2010 or
				  emergency language will be repealed by operation of law on the following
				  day.
8. Amendment of section heading and subsection (b) refiled
				  10-18-2010 as an emergency; operative 10-18-2010 (Register 2010, No. 43). A
				  Certificate of Compliance must be transmitted to OAL by 1-18-2011 or emergency
				  language will be repealed by operation of law on the following
				  day.
9. Certificate of Compliance as to 10-18-2010 order transmitted
				  to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No. 5).
10.
				  Change without regulatory effect amending subsections (c)(8)(B), (c)(9)(C),
				  (e)(4) and (f) filed 2-11-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 7).
11. Change without regulatory
				  effect repealing section filed 4-27-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 18).
Note: Authority cited: Sections
					 11313,
					 11314,
					 11327,
					 11340,
					 11350
					 and
					 11352,
					 Business and Professions Code. Reference: Sections
					 11320
					 and
					 11321,
					 Business and Professions Code; and
					 8 U.S.C. §§
												1621,
					 1641 and
					 1642.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 3 - Experience and Education Requirements › Section 3541 - Minimum Experience Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To meet
				the minimum experience requirements, certified general applicants shall have a
				minimum of 3,000 hours of real property appraisal experience obtained
				cumulatively over a period of not less than 18 months. Of the 3,000 hours,
				certified general applicants must have a minimum of 1,500 hours of
				non-residential appraisal experience.
(b) To meet the minimum experience
				requirements, certified residential applicants shall have a minimum of 1,500
				hours of real property appraisal experience obtained cumulatively over a period
				of not less than 12 months.
(c) To
				meet the minimum experience requirements, residential applicants shall have a
				minimum of 1,000 hours of real property appraisal experience obtained
				cumulatively over a period of not less than 6 months.
(d) A holder of a valid real estate broker
				license shall be deemed to have completed appraisal license application
				experience requirements upon substantiation that the license holder has
				accumulated 1,000 hours of experience in the valuation of real property.
(1) Appraisers licensed pursuant to
				subsection (d) who have not provided the Bureau with substantiation of the
				minimum 1,000 hours of real property appraisal experience are not in compliance
				with minimum AQB licensing criteria. Accordingly, such appraisers do not hold a
				federally recognized credential, are not authorized to perform federally
				related real estate appraisal activity as defined in Business and Professions
				Code section
				11302(s) and will
				not be reported to ASC for inclusion on the National Registry.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 3 - Experience and Education Requirements › Section 3542 - Minimum (Basic) Education Requirements for Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible for licensure, an
				applicant shall meet the following minimum education requirements:
(1) Successful completion of all minimum
				education hours and course requirements for the license level applied for as
				prescribed by the AQB, including the Appraisal Foundation's 15-hour National
				Uniform Standards of Professional Appraisal Practice (USPAP) course;
(2) For the issuance of an initial or
				reciprocal license, a Bureau-approved four-hour course on federal and
				California appraisal-related statutory and regulatory law. A course will be
				deemed to be "Bureau-approved" if it is accredited pursuant to Article 9 of the
				Bureau's regulations; and
(3) For
				an applicant for an initial or reciprocal license submitting a completed
				application that is received by the Bureau on or after January 1, 2023, at
				least one hour of instruction in cultural competency as defined in Section
				11340
				of the Business and Professions Code. Instruction on cultural competency shall
				include, at a minimum, subject matter that covers an overview of historical and
				current discriminatory practices in the real estate appraiser industry, which
				may include consideration of various cultures and stereotypes of cultures; an
				examination of one's own attitudes and values; and the acquisition of the
				values, knowledge, skills, strategies and abilities that will allow an
				individual to work in cross cultural situations.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 3 - Experience and Education Requirements › Section 3543 - Continuing Education Requirements for Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To renew a license every two-year renewal
				period, a licensee shall complete the seven-hour National USPAP Update Course
				(or its equivalent as determined by the AQB). A licensee must provide the
				documentation with each renewal application as required by section
				3681.
(b) For renewal of a license every other
				two-year renewal period ("four-year cycle"), a licensee shall complete an
				average of 14 hours of Bureau-accredited continuing education per year, for a
				required minimum of 56 hours reported in accordance with section
				3681. Course time allotted for
				exam administration does not count as qualifying toward the required hours of
				accredited continuing education. In addition to the seven-hour National USPAP
				Update Course required every two-year period in subsection (a), of the required
				hours for the four-year cycle a licensee must complete:
(1) A minimum four (4) hour Bureau-approved
				course on federal and California appraisal-related statutory and regulatory
				law. A course will be deemed to be "Bureau-approved" if it is accredited
				pursuant to Article 9 of the Bureau's regulations; and
(2) For a license that expires on or after
				January 1, 2023:
(A) At least one hour in
				cultural competency, as defined in Section
				11360
				of the Business and Professions Code. Instruction shall include the subject
				matter required in section
				3542(a)(3). If
				offered as an individual course, it need not meet the minimum length of two
				hours, as required by AQB.
(B) At
				least two hours in elimination of bias training, as bias is defined in section
				3500. Instruction on the
				elimination of bias shall include, at a minimum, the following:
(i) An overview of historical and current
				discriminatory practices in the real estate appraiser industry.
(ii) Examples of how implicit, explicit, and
				institutional bias affects perceptions, analyses, and decisions of appraisers,
				leading to disparities in performing appraisals along lines of race, ethnicity,
				religion, gender identity, sexual orientation, age, socioeconomic status, or
				other personal characteristics or criteria listed in Section
				11424
				of the Business and Professions Code.
(iii) Exploration of causes of bias and
				solutions and strategies to increase understanding and counteract how biases
				may contribute to disparities by shaping behavior and producing differences in
				performing appraisals. For the purposes of this subsection, strategies may
				include the utilization of tests, assessment tools, educational resources, and
				options for eliminating stereotypical
				responses.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 3 - Experience and Education Requirements › Section 3544 - Credit for Teaching Appraisal Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Instructors of appraisal courses may
				receive credit for up to one-half of the continuing education requirement.
				Teaching of appraisal courses shall not be acceptable to meet minimum
				experience requirements.
(b)
				Instructors must submit written verification of their instructor experience,
				which shall include:
(1) Name of
				School;
(2) Name of Appraisal
				Course;
(3) Dates each course was
				taught;
(4) Number of hours each
				course was taught;
(5) Description
				of course content for each course taught;
(6) Certification by school official
				verifying the information; and
(7)
				Applicant's signed certification under penalty of Perjury.
California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 4 - Application Process › Section 3561 - Application for Licensing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Applications for licensing shall be valid for one year from date of receipt by
				the Bureau, during which time the applicant must qualify for admission to the
				examination. The one-year period shall not be extended. If the applicant wishes
				to be considered for licensure after expiration of the one-year period, the
				applicant must reapply, including submission of all necessary documents and
				payment of all applicable fees in accordance with then existing
				requirements.
(b) Applicants for
				licensing shall have an appropriate knowledge of the English language,
				including reading, writing, and spelling, and of arithmetical computations
				common to real estate and appraisal practices.
(c) Applicants for licensing must submit an
				Initial License Application REA 3001 (Rev. 01/01/2021) and applicable related
				forms REA 3002 (Rev. 04/01/2020) and REA 3004 (Rev. 01/01/2023), which are
				herein incorporated by reference.
1. Renumbering
				  and amendment of section heading and former section
				  3516 to new section
				  3561 filed 11-1-96; operative
				  11-1-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 44). For prior history, see Register 94, No.
				  23.
2. Change without regulatory effect amending subsection (c)
				  filed 9-18-2000 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2000, No. 38).
3. Amendment of subsection (c)
				  filed 8-24-2010; operative 9-23-2010 (Register 2010, No. 35).
4.
				  Change without regulatory effect amending subsection (a) filed 2-11-2014
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 7).
5. Amendment of subsection (c)
				  and NOTE filed 3-22-2018; operative 7-1-2018 (Register 2018, No.
				  12).
6. Amendment of subsection (c) filed 6-27-2019; operative
				  10-1-2019 (Register 2019, No. 26).
7. Change without regulatory
				  effect amending subsection (c) filed 8-25-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 35).
8. Change without regulatory
				  effect amending subsection (c) and amending NOTE filed 3-8-2021 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2021, No. 11).
9. Amendment of section and
				  NOTE filed 1-9-2023; operative 1-9-2023 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2023, No. 2).
Note: Authority cited: Sections
					 115.5,
					 135.4,
					 11313
					 and
					 11340,
					 Business and Professions Code. Reference: Sections
					 30,
					 31,
					 114.5,
					 115.5,
					 135.4,
					 494.5,
					 11340,
					 11343,
					 11401
					 and
					 11408,
					 Business and Professions Code.