reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17 - Prepaid Rental Listing Services › Section 2852 - Change of Location for Office Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a prepaid rental listing service
				(PRLS) licensee or a real estate broker operating a prepaid rental listing
				service under his broker license proposes to move either the principal location
				or main office to a different address, he shall, prior to effecting the move,
				give notice of the address and telephone number of the new principal location
				or main office in a manner reasonably calculated to reach all of the
				prospective tenants with whom the PRLS licensee or broker has contracts that
				have not expired.
(b) If a PRLS
				licensee or a real estate broker operating a prepaid rental listing service
				under his broker license proposes to move either a branch location or branch
				office to a different address, he shall, prior to effecting the move, give
				notice of the address and telephone number of the new branch location or branch
				office in a manner reasonably calculated to reach all of the prospective
				tenants previously supplied with listings of rental properties by the branch
				location or branch office under contracts that have not expired.
1. Amendment
				  filed 1-17-80; effective thirtieth day thereafter (Register 80, No.
				  3).
2. Amendment filed 7-9-80; effective thirtieth day thereafter
				  (Register 80, No. 28).
3. Repealer and new section filed 12-3-80;
				  effective thirtieth day thereafter (Register 80, No.
				  49).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Article 23 (Ch. 1051, Statutes of
					 1980, SB 1564), Business and Professions
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17 - Prepaid Rental Listing Services › Section 2852.1 - Different Names for Branch Locations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a licensee conducts a prepaid rental listing service
				  business under different fictitious business names at separate locations or
				  branch office within the boundaries of the same city or within ten miles of the
				  boundary of that city, the name or fictitious business name under which each
				  office or location is operated and the corresponding address of each office
				  shall be set forth in the contract referred to in Section
				  10167.9 of the
				  Code.
1. New section
				  filed 1-9-85; effective thirtieth day thereafter (Register 85, No. 2). For
				  prior history, see Register 80, No. 49.
Note: Authority cited: Section
					 10081,
					 Business and Professions Code. Reference: Sections
					 10167.9,
					 10167.10
					 and
					 10167.11,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17 - Prepaid Rental Listing Services › Section 2852.2 - Change of Business Office Location. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-7-75; designated effective 3-1-75 (Register 75, No. 2).
2.
				  Repealer filed 12-3-80; effective thirtieth day thereafter (Register 80, No.
				  49).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Article 2.3 (Ch. 1051, Statutes of
					 1980, SB 1564), Business and Professions
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17 - Prepaid Rental Listing Services › Section 2852.3 - Handling and Disposition of Advance Rental Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-7-75; designated effective 3-1-75 (Register 75, No. 2).
2.
				  Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No.
				  3).
3. Repealer filed 12-3-80; effective thirtieth day thereafter
				  (Register 80, No. 49).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Article 2.3 (Ch. 1051, Statutes of
					 1980, SB 1564), Business and Professions
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17 - Prepaid Rental Listing Services › Section 2853 - Notice of Remedies for Failure to Refund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The clause required under subdivision (a)(8) of Section
				  10167.9 of the Code in a prepaid
				  rental listing service contract shall appear in bold face type immediately
				  below the RIGHT TO REFUND notice specified in Section
				  10167.10 of the Code and shall
				  read as follows:
"You may bring a small claims court action against the
				  licensee for his/her refusal to make a refund on your demand of all or part of
				  the fee paid by you under this contract. If the court finds that the licensee
				  has acted in bad faith in refusing to make the refund, the court has the
				  authority to award you up to one thousand dollars ($1,000) in addition to
				  damages actually sustained by you."
1. New section
				  filed 1-9-85; effective thirtieth day thereafter (Register 85, No. 2). For
				  prior history, see Register 80, No. 49 and 80. No. 3.
2. Amendment
				  of second paragraph and amendment of NOTE filed 9-5-2003; operative 10-5-2003
				  (Register 2003, No. 36).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10167.9
					 and
					 10167.10,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17 - Prepaid Rental Listing Services › Section 2854 - List of Addresses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 1-17-80; effective thirtieth day thereafter (Register 80, No.
				  3).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10143,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17 - Prepaid Rental Listing Services › Section 2855 - Registry of Advertisements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 1-17-80; effective thirtieth day thereafter (Register 80, No.
				  3).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10143,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17 - Prepaid Rental Listing Services › Section 2856 - Authorization Required. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 11-19-69; designated effective 1-2-70 (Register 80, No. 3).
2.
				  Amendment filed 7-9-80; effective thirtieth day thereafter (Register 80, No.
				  28).
3. Repealer and new section filed 12-3-80; effective thirtieth
				  day thereafter (Register 80, No. 49).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Article 23 (Ch. 1051, Statutes of
					 1980, SB 1564), Business and Professions
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17.5 - Mobile Home Sales › Section 2860 - Transfer of Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A real estate broker acting pursuant to Section
				10131.6 of the Code shall, not
				later than the end of the tenth calendar day after the sale of a mobilehome,
				that is subject to registration, give written notice of the transfer to the
				headquarters office of the Department of Housing and Community Development as
				prescribed by that department.
(b)
				In a transaction in which the certificate of ownership of a mobilehome that is
				subject to registration is not demanded in writing by the purchaser, a real
				estate broker acting pursuant to Section
				10131.6 of the Code shall submit
				the following to the Department of Housing and Community Development on behalf
				of the purchaser within 10 days after the sale:
(1) All fees and penalties for transfer of
				registration of the mobilehome.
(2)
				The ownership certificate and last-issued registration card for the mobilehome
				and any other supporting documents required by the Department of Housing and
				Community Development.
(3) The use
				tax payable in the transaction.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17.5 - Mobile Home Sales › Section 2861 - Notice of Transfer of Registration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 5-18-81; effective thirtieth day thereafter (Register 81, No.
				  21).
2. Amendment filed 1-11-84; effective thirtieth day thereafter
				  (Register 84, No. 2).
3. Repealer of section and amendment of NOTE
				  filed 11-13-96; operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10131.6,
					 Business and Professions Code, and Section
					 18100.5,
					 Health and Safety Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17.5 - Mobile Home Sales › Section 2862 - Submittal of Documents and Fees on Transfer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-16-76; effective thirtieth day thereafter (Register 76, No.
				  3).
2. Amendment filed 5-18-81; effective thirtieth day thereafter
				  (Register 81, No. 21).
3. Editorial correction filed 7-16-81
				  (Register 81, No. 29).
4. Repealer filed 11-13-96; operative
				  11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 10131.6,
					 Business and Professions Code. Reference: Section
					 18075 et seq., Health and Safety
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 17.5 - Mobile Home Sales › Section 2863 - Use of Fictitious Name. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
				  section and new NOTE filed 11-13-96; operative 11-13-96 pursuant to Government
				  Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10177.2,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18 - Contracts, Writings and Other Documents › Section 2900 - Blank Spaces in Instruments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Article
				  18 (2900 through 2902) filed 12-11-57 effective thirtieth day thereafter
				  (Register 57, No. 22).
2. Amendment filed 11-30-77; effective
				  thirtieth day thereafter (Register 77, No. 49).
3. Repealer filed
				  7-1-83; effective thirtieth day thereafter (Register 83, No.
				  30).
Note: Authority cited for Article 18: Section
					 10080,
					 and
					 10170.4
					 and
					 10176.2,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18 - Contracts, Writings and Other Documents › Section 2901 - Additions or Modifications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 2-10-77; effective thirtieth day thereafter (Register 77, No.
				  7).
2. Repealer filed 7-1-83; effective thirtieth day thereafter
				  (Register 83, No. 30).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18 - Contracts, Writings and Other Documents › Section 2902 - Furnishing Copies. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 2-10-77; effective thirtieth day thereafter (Register 77, No.
				  7).
2. Repealer filed 7-1-83; effective thirtieth day thereafter
				  (Register 83, No. 30).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18 - Contracts, Writings and Other Documents › Section 2903 - Disclosure by Person or Entity Acting in a Transaction as Both Agent in a Sale, Lease, or Exchange and as an Arranger of Financing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a corporate real estate broker, individual real estate
				  broker, or real estate broker or salesperson retained by a corporate or
				  individual real estate broker (hereinafter each of the foregoing licensees will
				  be referred to as "Real Estate Licensee") who is acting as an agent in
				  connection with a sale, lease or exchange of real property undertakes to
				  arrange financing with respect to the transaction, or where a Real Estate
				  Licensee who is arranging financing in connection with a sale, lease or
				  exchange of real property undertakes to act as a real estate agent with respect
				  to the transaction, the Real Estate Licensee shall, within twenty-four (24)
				  hours of the undertaking (through which the Real Estate Licensee will have dual
				  roles as a real estate agent and an arranger of financing), make a written
				  disclosure of those roles to all parties to the sale, lease, or exchange, and
				  any related loan or financing transaction. Where the Real Estate Licensee is a
				  real estate salesperson retained by a corporate or individual real estate
				  broker, the written disclosure must be made by the real estate broker who
				  retains the salesperson. The written disclosure made by the Real Estate
				  Licensee shall include an acknowledgement of receipt, which acknowledgment must
				  be signed by all parties to the transaction.
1. New section
				  filed 10-6-2009; operative 11-5-2009 (Register 2009, No. 41). For prior
				  history, see Register 83, No. 30.
2. Amendment filed 1-21-2022;
				  operative 4-1-2022 (Register 2022, No. 3).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 10177.6,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18 - Contracts, Writings and Other Documents › Section 2904 - Disclosure of Compensation for Obtaining Financing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
It shall constitute misrepresentation under Section
				  10176(a) of the
				  Code for a real estate licensee who acts as an agent for either party in a
				  transaction for the sale, lease or exchange of real property, a business
				  opportunity or a mobilehome as described in Section
				  10131.6 of the Code, and who
				  receives compensation, or who anticipates receiving compensation, from a lender
				  in connection with the securing of financing for the transaction, to fail to
				  disclose to both parties, prior to the closing of the transaction, the form,
				  amount and source of compensation received or expected.
1. New section
				  filed 12-2-74; effective thirtieth day thereafter (Register 74, No. 49). For
				  history of former section, see Register 63, No. 14.
2. Amendment
				  filed 2-10-77; effective thirtieth day thereafter (Register 77, No.
				  7).
3. Amendment filed 11-30-77; effective thirtieth day thereafter
				  (Register 77, No. 49).
Note: Authority cited: Section
					 10080,
					 10170.4,
					 10226,
					 10149.2 11001, and 11011.8,
					 Business and Professions Code and Sections
					 21082,
					 Public Resources Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18 - Contracts, Writings and Other Documents › Section 2905 - Pest Control Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In a real estate transaction subject to the provisions of
				  Section
				  1099 of the
				  Civil Code, the real estate broker acting as agent for the seller in the
				  transaction shall effect delivery of the inspection report, certification and
				  the notice of work completed, if any, to the buyer in accordance with said
				  section.
If more than one real estate broker licensee is acting as an
				  agent of the seller in the transaction, the broker who has obtained the offer
				  made by the buyer shall effect delivery of the required documents to the buyer
				  unless the seller has given written directions to another real estate broker
				  licensee acting as agent of the seller in the transaction to effect
				  delivery.
If the agent cannot obtain the required documents to deliver
				  to the buyer and does not have written assurance from the buyer that all of
				  said documents have been received, the agent shall advise the buyer in writing
				  of the buyer's rights under Section
				  1099.
The broker shall maintain a record of the action taken to
				  effect compliance with this regulation in accordance with Section
				  10148
				  of the Business and Professions Code.
1. New section
				  filed 6-13-75 as an emergency; designated effective 71-15-75 (Register 75, No.
				  24).
2. Certificate of Compliance filed 8-28-75 (Register 75, No.
				  35).
3. Amendment filed 1-6-76; effective thirtieth day thereafter
				  (Register 76, No. 3).
4. Amendment of section and NOTE filed
				  11-13-96; operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
5. Amendment filed 1-21-2022; operative
				  4-1-2022 (Register 2022, No. 3).
Note: Authority cited: Sections
					 10080
					 and
					 10131.6,
					 Business and Professions Code. Reference: Section
					 10148,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.3 - Citations › Section 2907.1 - Citation - Order of Correction and Assessment of Fine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A citation issued pursuant to Business
				and Professions Code Section
				10080.9
				will address a violation or violations of the Real Estate Law and Subdivided
				Lands Law (Division 4 of the Business and Professions Code), and any
				regulations adopted pursuant to those laws. The Commissioner is authorized to
				issue a citation containing an order of correction and/or assessing a fine for
				the violation of the laws referred to above.
(b) A citation may be issued to a person or
				entity, including partnerships, corporations, or associations, whether licensed
				or unlicensed by the Bureau.
(c)
				The citation shall be in writing and shall describe with particularity the
				nature and facts of the violation, including a reference to the statute or
				regulation alleged to have been violated.
(d) Service of a citation shall be made in
				accordance with the provisions of Sections
				8311 and
				11505(c)
				of the Government Code. Service of a citation issued under Business and
				Professions Code Section
				10080.9
				may be made by certified mail at the address of record of a licensee cited, or
				to the last known mailing, business, or residence address of an unlicensed
				person or entity cited.
(e) The
				time allowed to comply with an order of correction shall be specified in the
				citation, taking into account the nature of the correction required. Failure to
				correct the violation shall be grounds for further discipline under Section
				10177(d) of the
				Code.
(f) The cited person or
				entity may request an extension of the time to comply with the order if the
				cited person or entity is unable to complete the correction or pay the fine
				within the time set forth in the citation. The request must be made in writing,
				within the time set forth for correction or payment of fine, and must set forth
				extenuating circumstances and good cause warranting the extension.
				Determination of an extension is within the discretion of the
				Commissioner.
1. New article
				  18.3 (sections
				  2907.1-2907.4) and section filed
				  4-21-2014; operative 7-1-2014 (Register 2014, No.
				  17).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10006,
					 10080.9
					 and
					 10177(d),
					 Business and Professions Code; and Sections
					 8311 and
					 11505(c),
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.3 - Citations › Section 2907.2 - Citation - Applicability of Citation and Amount of Administrative Fine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When
				determining whether to apply the citation and fine process in lieu of a formal
				accusation, and in determining the amount of the fine assessed, the
				Commissioner shall take into consideration the following:
(1) The gravity of the violation or
				violations;
(2) Actual injury or
				risk of potential harm to consumers as a result of the violation;
(3) Whether the investigation and/or citation
				addresses multiple violations;
(4)
				Nature and extent of the person's or entity's history of violations of the Real
				Estate Law or Subdivided Lands Law and/or prior disciplinary action by the
				Bureau;
(5) The extent to which the
				person or entity has exhibited good faith;
(6) Degree of cooperation with the Bureau's
				investigation;
(7) Attempts to
				mitigate any loss, damage, or harm caused by the violation;
(8) Other facts relevant to the violation
				that present good cause for aggravation or mitigation of a
				penalty.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.3 - Citations › Section 2907.3 - Appeal of Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				cited person or entity may contest any or all of the following aspects of the
				citation:
(1) The occurrence of a violation of
				the Real Estate Law;
(2)
				Reasonableness of an order of correction;
(3) The period of time allowed for
				correction;
(4) The amount of an
				administrative fine assessed in the citation.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.3 - Citations › Section 2907.4 - Time for Payment of Administrative Fine for Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An administrative fine assessed pursuant
				to Section
				10080.9
				of the Business and Professions Code must be submitted to the Bureau by the
				deadline for payment stated on the citation or, if the citation is appealed, no
				later than 30 calendar days after (1) the date of receipt of notice following a
				citation review conference, if such review conference is requested, or (2) the
				date of adoption of the decision following a formal hearing, if such hearing is
				requested. Failure to complete payment within this time may result in further
				action as specified by Section
				10080.9(f) of the
				Code, including the denial of renewal of a real estate license and/or mortgage
				loan originator license endorsement, and shall be grounds for further
				discipline under Section
				10177(d) of the
				Code.
(b) In no event may a real
				estate license or mortgage loan originator license endorsement be issued,
				following application, to a person whose fine remains outstanding or who has
				not complied with the terms of the citation.
1. New section
				  filed 4-21-2014; operative 7-1-2014 (Register 2014, No.
				  17).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10080.9(f)
					 and
					 10177(d),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.5 - Substantial Relationship and Rehabilitation Criteria › Section 2910 - Criteria of Substantial Relationship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering whether a license should
				be denied, suspended or revoked on the basis of the conviction of a crime, or
				on the basis of an act described in Section
				480(a)(2) of the
				Code, the crime or act may be deemed to be substantially related to the
				qualifications, functions or duties of a licensee of the Department within the
				meaning of Sections
				480 and
				490 of the Code if it involves:
(1) The fraudulent taking, obtaining,
				appropriating or retaining of funds or property belonging to another
				person.
(2) Counterfeiting, forging
				or altering of an instrument or the uttering of a false statement.
(3) Willfully attempting to derive a personal
				financial benefit through the nonpayment or underpayment of taxes, assessments
				or levies duly imposed upon the licensee or applicant by federal, state, or
				local government.
(4) The
				employment of bribery, fraud, deceit, falsehood or misrepresentation to achieve
				an end.
(5) Sexually related
				conduct affecting a person who is an observer or non-consenting participant in
				the conduct or convictions which require registration pursuant to the
				provisions of Section
				290 of the
				Penal Code.
(6) Willfully violating
				or failing to comply with a provision of Division 4 of the Business and
				Professions Code of the State of California.
(7) Willfully violating or failing to comply
				with a statutory requirement that a license, permit or other entitlement be
				obtained from a duly constituted public authority before engaging in a business
				or course of conduct.
(8) Doing of
				any unlawful act with the intent of conferring a financial or economic benefit
				upon the perpetrator or with the intent or threat of doing substantial injury
				to the person or property of another.
(9) Contempt of court or willful failure to
				comply with a court order.
(10)
				Conduct which demonstrates a pattern of repeated and willful disregard of
				law.
(11) Two or more convictions
				involving the consumption or use of alcohol or drugs when at least one of the
				convictions involve driving and the use or consumption of alcohol or
				drugs.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.5 - Substantial Relationship and Rehabilitation Criteria › Section 2910.5 - Financial Crimes Regulatory Finding and Definition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Business and Professions Code
				Section
				480(a)(1)(B),
				the Department finds that financial crimes currently classified as a felony and
				described by the following definition are directly and adversely related to the
				fiduciary qualifications, functions, or duties of a licensee.
(b) A financial crime, as referenced in
				Business and Professions Code Section
				480(a)(1)(B),
				is any crime where the applicant did one or more of the following in the
				commission of a criminal offense:
(1) Obtained
				money, property, or services.
(2)
				Deprived their victim of money, property, or services.
(3) Engaged in acts involving mishandling of
				money, property, or services, including but not limited to money
				laundering.
(4) Committed an act of
				fraud, dishonesty, a breach of trust, or money laundering, as those terms are
				referenced in the United States Code Service at Title 12, Section
				5104(b)(2)(B).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.5 - Substantial Relationship and Rehabilitation Criteria › Section 2911 - Criteria for Rehabilitation (Denial)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following criteria have been
				developed and will be considered by the Bureau pursuant to Section
				482
				of the Business and Professions Code for the purpose of evaluating whether or
				not an applicant is rehabilitated for purposes of issuance or for reinstatement
				of a license:
(1) The time that has elapsed
				since commission of the acts(s) or offense(s):
(A) The passage of less than two years after
				the most recent criminal conviction or act of the applicant that is a cause of
				action in the Bureau's Statement of Issues against the applicant is inadequate
				to demonstrate rehabilitation.
(B)
				Notwithstanding subdivision (a)(1)(A), above, the two year period may be
				increased based upon consideration of the following:
(i) The nature and severity of the crime(s)
				and/or act(s) committed by the applicant.
(ii) The applicant's history of criminal
				convictions and/or license discipline that are "substantially related" to the
				qualifications, functions, or duties of a real estate licensee. However, no
				rehabilitation shall be required where the sole proven basis or bases for
				denial of an application is an expunged conviction as described in Business and
				Professions Code Section
				480(c).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.5 - Substantial Relationship and Rehabilitation Criteria › Section 2912 - Criteria for Rehabilitation (Revocation or Suspension)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following criteria have been developed and will be
				  considered by the Bureau pursuant to Section
				  482
				  of the Business and Professions Code for the purpose of evaluating whether or
				  not a licensee against whom an administrative disciplinary proceeding for
				  revocation or suspension of the license has been initiated on account of a
				  crime committed by the licensee is rehabilitated:
(a) The time that has elapsed since
				commission of the act(s) or offense(s):
(1)
				The passage of less than two years after the most recent criminal conviction or
				act of the licensee that is a cause of action in the Bureau's Accusation
				against the licensee is inadequate to demonstrate rehabilitation.
(2) Notwithstanding subdivision (a)(1),
				above, the two year period may be increased based upon consideration of the
				following:
(A) The nature and severity of the
				crime(s) and/or act(s) committed by the licensee.
(B) The licensee's history of criminal
				convictions and/or license discipline that are "substantially related" to the
				qualifications, functions, or duties of a real estate
				licensee.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.5 - Substantial Relationship and Rehabilitation Criteria › Section 2915 - Petitions for Removal of License Discipline Information from Department Internet Posting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				This section establishes the process and standards for a petition by a current
				licensee, as defined by section
				10011 of the Code, seeking removal
				of license discipline information from the Department internet website ("the
				website") for license discipline with an effective date more than ten (10)
				years prior, pursuant to section
				10083.2 of the Code.
(b) A petitioner must submit the following
				information before the Department considers the petition complete:
(1) A list of petitioner's criminal
				convictions since the date of the most recent Department imposed license
				discipline for which the petitioner seeks removal from the website, including
				information on the date of the court action and identifying the court and
				jurisdiction of where the conviction occurred.
(A) "Conviction" includes all state,
				commonwealth, possession, federal, military, and foreign convictions.
				"Conviction" includes a verdict of guilty by judge or jury, a plea of guilty,
				of nolo contendere, or of no contest. A petitioner must disclose all
				convictions whether the plea or verdict was set aside, the conviction against
				the petitioner was dismissed or expunged, or if the petitioner was
				pardoned.
(B) For the purposes of
				this petition process, "Conviction" does not include:
(i) Convictions for infractions.
(ii) Convictions under section
				11357(b), (c), (d), or
				(e) of the Health and Safety Code, or under
				section
				11360(b)
				of the Health and Safety Code, if more than two years have passed since the
				date of the conviction.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.6 - Monetary Penalty in Lieu of Suspension › Section 2920 - Amount of Penalty. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 11-16-87; operative 12-16-87 (Register 87, No. 47).
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
					 10175.2,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.6 - Monetary Penalty in Lieu of Suspension › Section 2921 - Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Licensees may
				petition in writing for a monetary penalty at any time after filing of an
				accusation and before the effective date of a decision.
(b) No specific form of petition is required.
				It may contain argument to support a grant of the petition or any other
				relevant material the petitioner desires to present to the
				Commissioner.
(c) Upon receipt of a
				timely petition, the Commissioner shall grant a stay of the effective date of
				the decision, if any, for a period of up to 30 days for the purpose of
				determining whether the public interest and welfare will be adequately served
				if the petition is granted.
(d) Any
				order granting a petition for a monetary penalty in lieu of a license
				suspension order shall be published in the "Real Estate Bulletin."
1. New section
				  filed 11-16-87; operative 12-16-87 (Register 87, No.
				  47).
Note: Authority cited: Sections
					 10080
					 and
					 10083,
					 Business and Professions Code. Reference: Section
					 10175.2,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.6 - Monetary Penalty in Lieu of Suspension › Section 2922 - Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Payment of a monetary penalty shall be by means of a
				  certified or cashier's check made payable to the Bureau of Real
				  Estate.
1. New section
				  filed 11-16-87; operative 12-16-87 (Register 87, No. 47).
2. 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
					 10175.2,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.7 - Standard Proposed Decision Language › Section 2930 - Standard Proposed Decision Language

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following language, terms and conditions will be used, as
				  appropriate, in Proposed Decisions and Decisions of the commissioner in
				  administrative adjudications conducted pursuant to Sections
				  11500, et seq. of the Government
				  Code:
1. Revocation:
All licenses and licensing rights of Respondent __________
				  under the Real Estate Law are revoked.
2. Revocation With Right to Restricted
				License--Broker:
All licenses and licensing rights of Respondent __________
				  under the Real Estate Law are revoked; provided, however, a restricted real
				  estate broker license shall be issued to Respondent pursuant to Section
				  10156.5
				  of the Business and Professions Code if Respondent makes application therefor
				  and pays to the Bureau of Real Estate the appropriate fee for the restricted
				  license within 90 days from the effective date of this Decision. The restricted
				  license issued to Respondent shall be subject to all of the provisions of
				  Section
				  10156.7
				  of the Business and Professions Code and to the following limitations,
				  conditions and restrictions imposed under authority of Section
				  10156.6 of that Code:
1. The restricted license issued to
				Respondent may be suspended prior to hearing by Order of the Real Estate
				Commissioner in the event of Respondent's conviction or plea of nolo contendere
				to a crime which is substantially related to Respondent's fitness or capacity
				as a real estate licensee.
2. The
				restricted license issued to Respondent may be suspended prior to hearing by
				Order of the Real Estate Commissioner on evidence satisfactory to the
				Commissioner that Respondent has violated provisions of the California Real
				Estate Law, the Subdivided Lands Law, Regulations of the Real Estate
				Commissioner or conditions attaching to the restricted license.
3. Respondent shall not be eligible to apply
				for the issuance of an unrestricted real estate license nor for the removal of
				any of the conditions, limitations or restrictions of a restricted license
				until two years have elapsed from the effective date of this
				Decision.
4. Respondent shall,
				within nine months from the effective date of this Decision, present evidence
				satisfactory to the Real Estate Commissioner that Respondent has, since the
				most recent issuance of an original or renewal real estate license, taken and
				successfully completed the continuing education requirements of Article 2.5 of
				Chapter 3 of the Real Estate Law for renewal of a real estate license. If
				Respondent fails to satisfy this condition, the Commissioner may order the
				suspension of the restricted license until the Respondent presents such
				evidence. The Commissioner shall afford Respondent the opportunity for a
				hearing pursuant to the Administrative Procedure Act to present such
				evidence.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.8 - Voluntary Surrender of License › Section 2940 - Petition for Voluntary Surrender of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee may petition the commissioner
				under Section
				10100.2 of the Code to accept the
				voluntary surrender of his or her real estate license or license rights. The
				petition shall be in writing and shall contain the following:
(1) A reference to the investigation or
				accusation giving rise to the petition.
(2) An identification of the real estate
				licenses or license rights held by the petitioner.
(3) An acknowledgment that the petitioner has
				read and agrees to the following as a condition of the commissioner's
				acceptance of the petition:
The filing of a petition shall be deemed to be an
				  understanding and agreement by the licensee that upon acceptance by the
				  commissioner all affidavits obtained in the investigation prior to the
				  acceptance and all allegations contained in an accusation filed pursuant to
				  Section
				  11503 of
				  the Government Code may be considered by the Bureau to be true and correct for
				  the purpose of deciding whether or not to grant reinstatement of the
				  license.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.9 - Discipline Regarding Mortgage Loan Originator License Endorsement › Section 2945.1 - Effect of License Discipline on Mortgage Loan Originator License Endorsement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Real estate license discipline, including a revocation, a
				  suspension, a voluntary surrender of a real estate license, a public reproval,
				  and/or a bar order, may be cause for the revocation and/or suspension of the
				  real estate licensee's mortgage loan originator license endorsement. The
				  disciplinary action on an existing license endorsement may be imposed via the
				  same process and within the same order as the license
				  discipline.
1. New article
				  18.9 (sections
				  2945.1-2945.4) and section filed
				  2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No.
				  27).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10150(d),
					 10151(e)
					 and
					 10166.05(a),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.9 - Discipline Regarding Mortgage Loan Originator License Endorsement › Section 2945.2 - Effect of Prior License Discipline on Mortgage Loan Originator License Endorsement Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Where a real estate licensee was subject to a real estate license discipline
				action filed by the Bureau prior to January 1, 2010, resulting in discipline in
				the form of a revocation and/or suspension, such discipline in itself shall not
				be the sole basis to deny the issuance of a mortgage loan originator license
				endorsement.
(b) Where a real
				estate licensee was subject to a real estate license discipline action filed by
				the Bureau on January 1, 2010, or later, resulting in a revocation, a
				suspension, a voluntary surrender of a real estate license, a public reproval,
				and/or a bar order, such discipline alone may be cause for denial of a
				subsequent mortgage loan originator license endorsement.
(c) A disciplinary action resulting in the
				revocation of a real estate license with an immediate right to a restricted
				real estate license shall not constitute a revocation for purposes of invoking
				a lifetime ban from holding a mortgage loan originator license
				endorsement.
1. New section
				  filed 2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No. 27).
3.
				  Change without regulatory effect amending subsections (a) and (b) filed
				  6-30-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10150(d),
					 10151(e)
					 and
					 10166.05(a),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.9 - Discipline Regarding Mortgage Loan Originator License Endorsement › Section 2945.3 - Effect of Prior Felony Conviction on Mortgage Loan Originator License Endorsement Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A conviction for any felony within seven (7) years of a real
				  estate licensee's application for a mortgage loan originator license
				  endorsement is cause for denial of the application. A felony conviction at any
				  time in the applicant's personal history where such felony involved an act of
				  fraud, dishonesty, a breach of trust, or money laundering is cause for denial
				  of the application. These restrictions constitute a ban on the real estate
				  licensee's ability to apply for a license endorsement. These restrictions are
				  not subject to mitigation or rehabilitation.
1. New section
				  filed 2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No.
				  27).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10150(d),
					 10151(e)
					 and
					 10166.05(b),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 18.9 - Discipline Regarding Mortgage Loan Originator License Endorsement › Section 2945.4 - Disciplinary Process Uniformity: Real Estate License and Mortgage Loan Originator License Endorsement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Bureau will apply parallel standards and process to
				  mortgage loan originator license endorsements as the Real Estate Law and
				  Regulations of the Real Estate Commissioner apply to real estate licenses with
				  regard to disciplinary procedure, voluntary surrender of license, statute of
				  limitations, and jurisdiction over lapsed and suspended
				  licenses.
1. New section
				  filed 2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No. 27).
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: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10100,
					 10100.2,
					 10101,
					 10103,
					 10150(d),
					 10151(e)
					 and
					 10166.17(d),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 19 - Escrows › Section 2951 - Record Keeping and Funds Handling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Sections
				  2831,
				  2831.1,
				  2831.2,
				  2832,
				  2832.1,
				  2834 and
				  2835 of these regulations shall
				  apply to the handling of funds and the keeping of records by a real estate
				  broker who is not licensed under the Escrow Law (Section
				  17000, et seq., of the Financial
				  Code) when acting in the capacity of an escrow holder in a real estate purchase
				  and sale, exchange or loan transaction in which the broker is performing acts
				  for which a real estate license is required.
1. New section
				  filed 12-1-81; designated effective 1-1-82 (Register 81, No. 49).
2.
				  Amendment filed 1-9-85; effective thirtieth day thereafter (Register 85, No.
				  2).
3. Amendment of section and NOTE filed 11-8-93; operative
				  12-8-93 (Register 93, No. 46).
4. Amendment filed 11-13-96;
				  operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10145
					 and
					 10148,
					 Business and Professions Code; and Section
					 17006
					 (d), Financial
					 Code.