California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 12 - Discipline › Section 3728 - Confidential Report of Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each complaint shall result in a
				confidential investigative report showing a summary of the acts and/or
				omissions alleged, and a summary of the supporting evidence together with a
				recommendation for appropriate enforcement action, if any.
(b) Where the confidential investigation
				report shows that the allegations are supported by credible evidence that a
				violation of law or regulations has occurred and that the applicant, licensed
				appraiser, Registrant or person or entity acting in a capacity requiring a
				license or Certificate of Registration has committed the violation, and that
				the violation is substantially related to the qualifications, duties, or
				functions of an appraiser, the Bureau shall issue a citation and/or order of
				abatement, or shall file an accusation or statement of issues against the
				applicant, licensed appraiser, Registrant or person or entity acting in a
				capacity requiring a license or Certificate of Registration.
(c) Where the confidential investigative
				report shows that the allegations, even if true, do not constitute a violation
				of the law or regulations, that the allegations are not supported by sufficient
				credible evidence, or that the facts show a complete defense or legal
				justification, the investigation shall be closed.
(d) Notwithstanding any other provision of
				this chapter, the Chief may release information concerning confidential
				investigations and complaints to a law enforcement agency or to another
				regulatory agency to which the appraiser or Registrant has applied for
				licensure.
1. Renumbering
				  and amendment of former section
				  3555 to new section
				  3728 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.
				  26.
2. Amendment of subsections (b) and (d) 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				  be repealed by operation of law on the following day.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 subsections (b) and (d) 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 subsections
				  (b) and (d) 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 subsections (b) and
				  (d) filed 2-11-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 7).
Note: Authority cited: Sections
					 11314
					 and
					 11315,
					 Business and Professions Code. Reference: Sections
					 480,
					 490
					 and
					 11320,
					 Business and Professions Code.