California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 20 - Suspension and Bar Orders › Section 2960 - General Definitions and Short Form References

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise expressly indicated or compelled by the
				  context in which used, words, phrases and short form references appearing in
				  this Article shall have meanings as ascribed herein.
(a) "Bar" -- to prohibit or exclude
				from.
(b) "Business activities" --
				include, but are not limited to, all real estate business functions, activity
				requiring a real estate license, any clerical activity (i.e., typing, filing,
				copying, reception, telephone communications), mailroom activity, customer
				service, telemarketing, marketing, advertising, soliciting, processing
				transactions, bookkeeping, accounting, computer activities, counseling,
				advising, planning, supervising or overseeing, making referrals, interviewing,
				intake, entertaining clients, notary, credit report checking, any consulting
				services, any project management, and any activity as an independent
				contractor.
(c) "Business
				activities of a finance lender" -- any business activity set out in subsection
				(b) performed for any lender, including, but not limited to, a finance lender,
				residential mortgage lender, bank and/or other institutional lender, credit
				union, private lender, or hard money lender, whether or not the loan is secured
				by an interest in real property.
(d) "Date of a notice of intention" -- the
				date the notice of intention was mailed or served.
(e) "Employment, management or control" -- 1)
				Employment -- employment as an employee or independent contractor; 2)
				Management -- holding a position which requires or allows the supervision or
				management of the tasks performed by employees and/or independent contractors;
				3) Control -- holding a position in a corporation as a director, officer, or
				shareholder owning or controlling more than ten percent of the shares of the
				corporation.
(f) "In the public
				interest" -- for the common or general welfare of the public.
(g) "Material damage to the public" --
				significant, not minor or inconsequential, harm or loss to any member of the
				public.
(h) "On the premises" -- a
				particular physical location and/or place of business including, but not
				limited to, a building or part of a building, store, shop, apartment, house,
				hotel room, restaurant, condominium, mobile home, trailer, motor home, fifth
				wheel, automobile, boat, yacht, airliner, airplane, or private or commuter
				jet.
(i) "Participating" -- taking
				part in or sharing in any of the business activities referred to in subsection
				(b).
(j) "Reasonably related" --
				related to a moderately sufficient extent or degree; less than substantially
				related.
(k) "Suspend" -- to
				temporarily prohibit or exclude from.
1. New article
				  20 (sections
				  2960-2963) and section filed
				  9-26-2011; operative 10-26-2011 (Register 2011, No. 39). For prior history of
				  article 20, section
				  2960, see Register 96, No.
				  46.
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10087,
					 Business and Professions Code.