Cal. Code Regs. Tit. 10, § 2915 - Petitions for Removal of License Discipline Information from Department Internet Posting
(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.
(2) A list of all petitioner's professional
license discipline since the date that the Department imposed the most recent
license discipline action for which the petitioner seeks removal from the
website. Disclosed license discipline must include surrender of a license
whether or not an investigation was pending, whether in California or
elsewhere. Each item on this list must include the date of discipline, the
license type, and the jurisdiction in which the discipline was
ordered.
(3) A list of all
criminal, civil, or license discipline actions currently pending against
petitioner, including the jurisdiction in which the action is
pending.
(4) A signed attestation
by the petitioner that petitioner certifies (or declares) under penalty of
perjury under the laws of the State of California that the information provided
as part of the petition is true and correct.
(c) A petitioner must submit all the
following items before the Department considers the petition complete:
(1) A petitioner must submit the fee amount
of $1,275.00 with each petition. This petition fee is deemed earned by the
Department upon receipt and not refundable. A petitioner may petition
concurrently, when eligible, for reinstatement of a license, or for removal of
restrictions from a license, without additional charge. A petitioner may
request removal of more than one eligible discipline action from the website
with a single petition, without additional charge.
(2) A petitioner, or a broker-officer of a
corporate petitioner, who resides in California must submit a completed copy of
a Live Scan Service Request, Form RE 237 (Rev. 7/18), hereby incorporated by
reference, completed not earlier than 30 days before the date of submission of
the petition to the Department.
(d) Section 10083.2 of the Code requires the
petitioner to provide evidence of rehabilitation to the Commissioner indicating
the posting of discipline is no longer needed to prevent a credible risk to
members of the public. A petitioner may provide with the petition copies of any
documentary evidence that supports petitioner's claims regarding
rehabilitation, including, but not limited to, documentation evidencing
expungement of criminal convictions and documentation of completed restitution,
if applicable.
(e) The criteria for
rehabilitation set forth in section
2911 of these Regulations will
apply where a petitioner seeks removal of discipline information from the
Department's website stemming from a Statement of Issues or where petitioner's
license discipline stems from an original application for a license. The
criteria for rehabilitation set forth in section
2912 of these Regulations will
apply where a petitioner seeks removal of discipline information from the
Department's website stemming from an Accusation, surrender of a license, or
other discipline actions ordered by the Commissioner except for a Statement of
Issues.
(f) In evaluating a
petition, the Commissioner shall take into consideration other violations that
present a credible risk to the members of the public since the posting of
discipline requested for removal. The Commissioner shall consider, when
assessing the credible risk to members of the public utilizing licensed
activity by the petitioner, any evidence gathered from an investigation that
reflects on petitioner's propensity to honestly and fairly engage in activities
requiring a real estate license. For purposes of this subsection, a "credible
risk" may exist if any of the following circumstances apply:
(1) Petitioner is currently registered
pursuant to the provisions of section
290 of the
Penal Code.
(2) Petitioner is
currently on probation or parole.
(3) Petitioner's license is currently subject
to restrictions, and a concurrent petition to remove those restrictions is not
granted.
(4) There is any
professional license discipline on petitioner's Department record that is based
on an offense that resulted in harm to a client or other consumer in a real
estate transaction.
(5) Petitioner
does not make himself or herself reasonably available for interview by the
Department investigator in the course of the petition investigation.
(6) Petitioner has not reimbursed the
Department for payments made from the Consumer Recovery Account associated with
a claim filed wherein the petitioner was the judgment
debtor.
(g) If the
Commissioner grants the petition after investigation, the Commissioner will
order removal of the eligible discipline item or items from the licensee's
entry in the Public License Information feature on the website.
(h) If the Commissioner denies the petition
for removal of discipline from the Public License Information website feature,
the petitioner may not submit a new petition for a minimum of one year from the
effective date of the denial.
Notes
Note: Authority cited: Sections 10080 and 10083.2, Business and Professions Code. Reference: Section 10083.2, Business and Professions Code.
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