California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 25 - Continuing Education Requirements › Section 3010 - Denial or Withdrawal of Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Commissioner determines that a
				previously-approved continuing education offering no longer meets the
				prescribed statutory and regulatory standards for approval, or if the
				Commissioner determines that an instructor or lecturer for the course is no
				longer qualified, or that the course sponsor has engaged in activity violating
				the provisions of Article 25 (commencing with section
				3005) of these regulations or has
				engaged in conduct which would have warranted the denial of an application for
				approval or withdrawal of approval of a continuing education offering, or the
				course differs materially from that which was previously approved, the
				Commissioner shall give written notice of withdrawal of approval setting forth
				the reasons for the determination. If the Commissioner determines, following an
				application for course approval, that the course will not meet the prescribed
				statutory and regulatory standards for approval or if the Commissioner
				determines that the instructor for the course is unqualified, the Commissioner
				shall give written notice of denial of approval setting forth the reasons for
				the determination. Withdrawal or denial of approval will be effective 30 days
				after the notice of withdrawal or denial is received by the sponsor unless the
				sponsor earlier files a written request for hearing on the withdrawal or denial
				action. If the request for hearing is received by the Commissioner before 30
				days after the date of receipt of notice of withdrawal by the sponsor, the
				withdrawal or denial of approval shall not be effective unless and until
				ordered by the Commissioner pursuant to findings and conclusions reached after
				hearing pursuant to Chapter 5 (commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code. The hearing shall be commenced within 30 days
				after receipt of the request for hearing unless continued to a later date by
				order of the Commissioner or by agreement of the parties. In a hearing on an
				order of withdrawal issued by the Commissioner, the burden of proving that the
				course does not meet the prescribed statutory and regulatory standards for
				approval shall be on the Commissioner. In a hearing on an order of denial
				issued by the Commissioner, the burden of proving that the course meets the
				prescribed statutory and regulatory standards for approval shall be on the
				applicant.
(b) Petition for
				Reinstatement.
(1) The sponsor of an offering
				for which approval has been withdrawn pursuant to subdivision (a) may, after a
				period of not less than one year has elapsed from the effective date of the
				withdrawal of approval, petition the Commissioner in writing for reinstatement
				of approval of the offering. The petitioner shall be given the opportunity to
				present in writing argument and other evidence, statements or matters in
				support of the petition. The Commissioner shall decide the petition and the
				decision and the decision shall include the reasons therefor.
(2) Upon a showing of good cause, the
				Commissioner may allow the filing of a petition for reinstatement prior to the
				expiration of one year from the effective date of the withdrawal of
				approval.