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.
3. Revocation
With Right to Restricted License--Salesperson:
All licenses and licensing rights of Respondent __________
under the Real Estate Law are revoked; provided, however, a restricted real
estate salesperson 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
submit with any application for license under an employing broker, or any
application for transfer to a new employing broker, a statement signed by the
prospective employing real estate broker on a form approved by the Bureau of
Real Estate which shall certify:
(a) That the
employing broker has read the Decision of the Commissioner which granted the
right to a restricted license; and
(b) That the employing broker will exercise
close supervision over the performance by the restricted licensee relating to
activities for which a real estate license is required.
5. 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.
4. Suspension Added to Revocation With Right
to a Restricted License:
Any restricted real estate license issued to Respondent
pursuant to this Decision shall be suspended for ___ days from the date of
issuance of said restricted license.
5. Professional Responsibility Condition:
Respondent shall, within six months from the effective date
of this Decision, take and pass the Professional Responsibility Examination
administered by the Bureau including the payment of the appropriate examination
fee. If Respondent fails to satisfy this condition, the Commissioner may order
suspension of Respondent's license until Respondent passes the
examination.
6. Conditional
License Condition--Salesperson Only--(Accusation):
Respondent's original real estate salesperson license was
issued subject to the provisions of Section
10153.4
of the Business and Professions Code, and the restricted real estate
salesperson license issued to Respondent shall be similarly limited, to wit:
Respondent shall, within eighteen (18) months of the issuance of Respondent's
original real estate salesperson license under the provisions of Section
10153.4
of the Business and Professions Code, submit evidence satisfactory to the
Commissioner of successful completion, at an accredited institution, of a
course in real estate practices and one of the courses listed in Section
10153.2, other than real estate principles, advanced legal aspects of real
estate, advanced real estate finance or advanced real estate appraisal. If
Respondent fails to present satisfactory evidence of successful completion of
said courses, the restricted license shall be automatically suspended effective
eighteen (18) months after issuance of Respondent's original real estate
salesperson license. Said suspension shall not be lifted until Respondent has
submitted the required evidence of course completion and the Commissioner has
given written notice to the Respondent of lifting of the
suspension.
7. Restitution
Condition:
Respondent shall, prior to the issuance of the restricted
license and as a condition of the issuance of said restricted license, submit
proof satisfactory to the Commissioner of payment of restitution in the amount
of __________to__________.
8. Reporting Condition (Broker Only):
Respondent shall report in writing to the Bureau of Real
Estate as the Real Estate Commissioner shall direct by his Decision herein or
by separate written order issued while the restricted license is in effect such
information concerning Respondent's activities for which a real estate license
is required as the Commissioner shall deem to be appropriate to protect the
public interest.
Such reports may include, but shall not be limited to,
periodic independent accountings of trust funds in the custody and control of
Respondent and periodic summaries of salient information concerning each real
estate transaction in which the Respondent engaged during the period covered by
the report.
9. Suspension
(Broker and Salesperson):
All licenses and licensing rights of Respondent __________
under the Real Estate Law are suspended for a period of __________ (___) days
from the effective date of this Decision.
10. Suspension With All or a Portion Stayed
(Broker and Salesperson):
All licenses and licensing rights of Respondent __________
under the Real Estate Law are suspended for a period of __________(___) days
from the effective date of this Decision; provided, however, that __________
(___) days of said suspension shall be stayed for one (1) year upon the
following terms and conditions:
1.
Respondent shall obey all laws, rules and regulations governing the rights,
duties and responsibilities of a real estate licensee in the State of
California; and
2. That no final
subsequent determination be made, after hearing or upon stipulation, that cause
for disciplinary action occurred within one (1) year of the effective date of
this Decision. Should such a determination be made, the Commissioner may, in
his discretion, vacate and set aside the stay order and reimpose all or a
portion of the stayed suspension. Should no such determination be made, the
stay imposed herein shall become permanent.
11. Suspension With Monetary Penalty in Lieu
of Suspension Pursuant to Business and Professions Code Section
10175.2
(Broker and Salesperson):
All licenses and licensing rights of Respondent __________
under the Real Estate Law are suspended for a period of __________(___) days
from the effective date of this Decision; provided, however, that if Respondent
petitions, said suspension (or a portion thereof) shall be stayed upon
condition that:
1. Respondent pays a
monetary penalty pursuant to Section
10175.2
of the Business and Professions Code at the rate of $__________ for each day of
the suspension for a total monetary penalty of $__________.
2. Said payment shall be in the form of a
cashier's check or certified check made payable to the Recovery Account of the
Real Estate Fund. Said check must be received by the Bureau prior to the
effective date of the Decision in this matter.
3. No further cause for disciplinary action
against the real estate license of Respondent occurs within one year from the
effective date of the Decision in this matter.
4. If Respondent fails to pay the monetary
penalty in accordance with the terms and conditions of the Decision, the
Commissioner may, without a hearing, order the immediate execution of all or
any part of the stayed suspension in which event the Respondent shall not be
entitled to any repayment nor credit, prorated or otherwise, for money paid to
the Bureau under the terms of this Decision.
5. If Respondent pays the monetary penalty
and if no further cause for disciplinary action against the real estate license
of Respondent occurs within one year from the effective date of the Decision,
the stay hereby granted shall become permanent.
12. Denial of Broker License Application With
Right to a Restricted Broker License. (Note: The continuing education condition
should not be used in application cases):
Respondent's application for a real estate broker license is
denied; provided, however, a restricted real estate broker license shall be
issued to Respondent pursuant to Section
10156.5
of the Business and Professions Code. The restricted license issued to the
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 said
Code:
1. The license shall not confer
any property right in the privileges to be exercised, and the Real Estate
Commissioner may by appropriate order suspend the right to exercise any
privileges granted under this restricted license in the event of:
(a) The conviction of Respondent (including a
plea of nolo contendere) of a crime which is substantially related to
Respondent's fitness or capacity as a real estate licensee; or
(b) The receipt of evidence 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
this restricted license.
2. Respondent shall not be eligible to apply
for the issuance of an unrestricted real estate license nor the removal of any
of the conditions, limitations or restrictions attaching to the restricted
license until two years have elapsed from the date of issuance of the
restricted license to Respondent.
13. Denial of Salesperson License Application
With Right to a Restricted Salesperson License (Unconditional). (Note: The
continuing education condition should not be used in application cases):
Respondent's application for a real estate salesperson
license is denied; provided, however, a restricted real estate salesperson
license shall be issued to Respondent pursuant to Section
10156.5
of the Business and Professions Code. The restricted license issued to the
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 said
Code:
1. The license shall not confer
any property right in the privileges to be exercised, and the Real Estate
Commissioner may by appropriate order suspend the right to exercise any
privileges granted under this restricted license in the event of:
(a) The conviction of Respondent (including a
plea of nolo contendere) of a crime which is substantially related to
Respondent's fitness or capacity as a real estate licensee; or
(b) The receipt of evidence 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
this restricted license.
2. Respondent shall not be eligible to apply
for the issuance of an unrestricted real estate license nor the removal of any
of the conditions, limitations or restrictions attaching to the restricted
license until two years have elapsed from the date of issuance of the
restricted license to Respondent.
3. With the application for license, or with
the application for transfer to a new employing broker, Respondent shall submit
a statement signed by the prospective employing real estate broker on a form RE
552 (Rev. 4/88) approved by the Bureau of Real Estate which shall certify as
follows:
(a) That the employing broker has
read the Decision which is the basis for the issuance of the restricted
license; and
(b) That the employing
broker will carefully review all transaction documents prepared by the
restricted licensee and otherwise exercise close supervision over the
licensee's performance of acts for which a license is
required.
14.
Denial of Application for Conditional Salesperson Application or Revocation of
Conditional Salesperson License. (Note: A license is "conditional" when the
respondent has not completed the two additional courses required by Section
10153.4):
Denial: Restricted License:
1. Respondent's restricted real estate
salesperson license is issued subject to the requirements of Section
10153.4
of the Business and Professions Code, to wit: Respondent shall, within eighteen
(18) months of the issuance of the restricted license, submit evidence
satisfactory to the Commissioner of successful completion, at an accredited
institution, of a course in real estate practices and one of the courses listed
in Section 10153.2, other than real estate principles, advanced legal aspects
of real estate, advanced real estate finance or advanced real estate appraisal.
If Respondent fails to timely present to the Bureau satisfactory evidence of
successful completion of the two required courses, the restricted license shall
be automatically suspended effective eighteen (18) months after the date of its
issuance. Said suspension shall not be lifted unless, prior to the expiration
of the restricted license, Respondent has submitted the required evidence of
course completion and the Commissioner has given written notice to Respondent
of lifting of the suspension.
2.
Pursuant to Section 10154, if Respondent has not satisfied the requirements for
an unqualified license under Section 10153.4, Respondent shall not be entitled
to renew the restricted license, and shall not be entitled to the issuance of
another license which is subject to Section 10153.4 until four years after the
date of the issuance of the preceding restricted license.
Revocation: Restricted License. (Applicable
if less than eighteen (18) months have passed since the issuance of the
conditional license being revoked):
1.
Respondent's restricted real estate salesperson license is issued subject to
the requirements of Section 10153.4 of the Business and Professions Code, to
wit: Respondent shall, within eighteen (18) months of the issuance of the
license revoked herein, submit evidence satisfactory to the Commissioner of
successful completion, at an accredited institution, of a course in real estate
practices and one of the courses listed in Section 10153.2, other than real
estate principles, advanced legal aspects of real estate, advanced real estate
finance or advanced real estate appraisal. If Respondent fails to present to
the Bureau satisfactory evidence of successful completion of the two required
courses, the restricted license shall be automatically suspended effective
eighteen (18) months after the date of issuance of the license revoked herein.
Said suspension shall not be lifted unless prior to the expiration of the
restricted license Respondent has submitted the required evidence of course
completion and the Commissioner has given written notice to Respondent of
lifting of the suspension.
2.
Pursuant to Section 10154, if Respondent has not satisfied the requirements for
an unqualified license under Section 10153.4, Respondent shall not be entitled
to renew the restricted license, and shall not be entitled to the issuance of
another license which is subject to Section 10153.4 until four years after the
date of the issuance of the preceding restricted license.
Revocation: Restricted License. (More than
18 months have passed since the issuance of the conditional license being
revoked):
1. Prior to the delivery or
mailing of Respondent's restricted license, Respondent shall submit evidence
satisfactory to the Commissioner of successful completion, at an accredited
institution, of a course in real estate practices and one of the courses listed
in Section 10153.2, other than real estate principles, advanced legal aspects
of real estate, advanced real estate finance or advanced real estate appraisal.
If Respondent fails to present to the Bureau satisfactory evidence of
successful completion of the two required courses, the restricted license shall
be automatically suspended. Said suspension shall not be lifted unless, prior
to the expiration of the restricted license, Respondent has submitted the
required evidence of course completion and the Commissioner has given written
notice to Respondent of lifting of the suspension.
2. If Respondent has not satisfied the
requirements for an unqualified license within four years from the date of
issuance of the restricted license revoked herein, Respondent shall not be
entitled to renew the restricted license, and shall not be entitled to the
issuance of another license which is subject to Section 10153.4 until four
years after the date of the issuance of the preceding restricted
license.
15. Trust Fund Violations: Standard Terms and
Conditions for a Restricted License:
Pursuant to Section
10148
of the Business and Professions Code, Respondent shall pay the Commissioner's
reasonable cost for:
a) the audit
which led to this disciplinary action and,
b) a subsequent audit to determine if
Respondent has corrected the trust fund violation(s) found in paragraphs
__________ of the Determination of Issues. In calculating the amount of the
Commissioner's reasonable cost, the Commissioner may use the estimated average
hourly salary for all persons performing audits of real estate brokers, and
shall include an allocation for travel time to and from the auditor's place of
work. Respondent shall pay such cost within 60 days of receiving an invoice
from the Commissioner detailing the activities preformed during the audit and
the amount of time spent performing those activities. The Commissioner may
suspend the restricted license issued to respondent pending a hearing held in
accordance with Section 11500, et seq., of the Government Code, if payment is
not timely made as provided for herein, or as provided for in a subsequent
agreement between the Respondent and the Commissioner. The suspension shall
remain in effect until payment is made in full or until Respondent enters into
an agreement satisfactory to the Commissioner to provide for payment, or until
a decision providing otherwise is adopted following a hearing held pursuant to
this condition.
16. Trust
Fund Violations: Standard Terms and Conditions for a Suspended License:
All licenses and licensing rights of Respondent are suspended
for two years from the effective date of this Decision; provided, however, that
the suspension shall be stayed upon the following terms and conditions:
1. Respondent's license and license rights
shall be actually suspended for a period of ___ days. Respondent may, pursuant
to Section 10175.2, petition the Commissioner to pay a monetary penalty and
thereby further stay imposition of the term of the actual suspension. (Note:
The last sentence is optional.)
2.
Respondent shall obey all laws, rules and regulations governing the rights,
duties and responsibilities of a real estate licensee in the State of
California.
3. The Commissioner
may, if a final subsequent determination is made, after hearing or upon
stipulation, that cause for disciplinary action occurred during the term of the
suspension provided for in condition "1", vacate and set aside the stay order
including any further stay imposed pursuant to Section 10175.2. Should no order
vacating the stay be made pursuant to this condition or condition "4" below,
the stay imposed herein shall become permanent.
4. Pursuant to Section
10148
of the Business and Professions Code, Respondent shall pay the Commissioner's
reasonable cost for:
a) the audit which led
to this disciplinary action and,
b)
a subsequent audit to determine if Respondent has corrected the trust fund
violation(s) found in paragraphs __________ of the Determination of Issues. In
calculating the amount of the Commissioner's reasonable cost, the Commissioner
may use the estimated average hourly salary for all persons performing audits
of real estate brokers, and shall include an allocation for travel costs,
including mileage, time to and from the auditor's place of work and per diem.
Respondent shall pay such cost within 60 days of receiving an invoice from the
Commissioner detailing the activities performed during the audit and the amount
of time spent performing those activities. The Commissioner may, in his
discretion, vacate and set aside the stay order, if payment is not timely made
as provided for herein, or as provided for in a subsequent agreement between
the Respondent and the Commissioner. The vacation and the set aside of the stay
shall remain in effect until payment is made in full, or until Respondent
enters into an agreement satisfactory to the Commissioner to provide for
payment. Should no order vacating the stay be issued, either in accordance with
this condition or condition "3", the stay imposed herein shall become
permanent.
17.
Trust Fund Violation Course Requirement.
Restricted License:
Respondent shall, prior to and as a condition of the issuance
of the restricted license, submit proof satisfactory to the Commissioner of
having taken and successfully completed the continuing education course on
trust fund accounting and handling specified in subdivision (a) of Section
10170.5
of the Business and Professions Code. Proof of satisfaction of this requirement
includes evidence that respondent has successfully completed the trust fund
account and handling continuing education course within 120 days prior to the
effective date of the Decision in this matter.
Suspended License:
All licenses and licensing rights of Respondent __________
are indefinitely suspended unless or until Respondent provides proof
satisfactory to the Commissioner, of having taken and successfully completed
the continuing education course on trust fund accounting and handling specified
in paragraph (3) of subdivision (a) of Section
10170.5
of the Business and Professions Code. Proof of satisfaction of this requirement
includes evidence that respondent has successfully completed the trust fund
account and handling continuing education course within 120 days prior to the
effective date of the Decision in this matter.
18. Unlicensed Activity (Brokers and
Salespersons) License Suspension with Right to Petition to Pay Monetary
Penalty.
(a) In addition to any other penalty
imposed, when a Respondent is found to have been compensated for performing
acts requiring a real estate license without having a license or when his or
her real estate license was suspended, revoked or expired, the penalty shall
include a suspension of the license with the right to pay a monetary penalty to
stay all or a portion of the suspension. The length of the suspension shall be
based on the aggregate amount of compensation paid during the period of
non-licensure measured by one (1) day of suspension for each one hundred
dollars ($100) of compensation received up to a maximum of
$10,000.00.)
(b) All licenses and
licensing rights of Respondent __________ under the Real Estate Law are
suspended for a period of __________ (___) days from the effective date of this
Decision; provided, however, that if Respondent petitions, said suspension (or
a portion thereof) shall be stayed upon condition that:
1. Respondent pays a monetary penalty
pursuant to Section
10175.2
of the Business and Professions Code at the rate of $100.00 for each day of the
suspension for a total monetary penalty of $__________.
2. Said payment shall be in the form of a
cashier's check or certified check made payable to the Recovery Account of the
Real Estate Fund. Said check must be received by the Bureau prior to the
effective date of the Decision in this matter.
3. No further cause for disciplinary action
against the real estate license of Respondent occurs within one year from the
effective date of the Decision in this matter.
4. If Respondent fails to pay the monetary
penalty in accordance with the terms and conditions of the Decision, the
Commissioner may, without a hearing, order the immediate execution of all or
any part of the stayed suspension in which event the Respondent shall not be
entitled to any repayment nor credit, prorated or otherwise, for money paid to
the Bureau under the terms of this Decision.
5. If Respondent pays the monetary penalty
and if no further cause for disciplinary action against the real estate license
of Respondent occurs within one year from the effective date of the Decision,
the stay hereby granted shall become permanent.
19. Reporting Condition Criminal Conviction
Cases (Brokers and Salespersons) -- Restricted License.
In addition to any other penalty imposed, when a Respondent
is found to have violated Sections 475(a)(2), 480(a)(1), 490 or 10177(b) of the
Code, the following condition shall be included among the terms and conditions
attached to a restricted license:
Respondent shall notify the Commissioner in writing within 72
hours of any arrest by sending a certified letter to the Commissioner at the
Bureau of Real Estate, Post Office Box 137000, Sacramento, CA 95813-7000. The
letter shall set forth the date of Respondent's arrest, the crime for which
Respondent was arrested and the name and address of the arresting law
enforcement agency. Respondent's failure to timely file written notice shall
constitute an independent violation of the terms of the restricted license and
shall be grounds for the suspension or revocation of that
license.
20. Order of
Debarment
Pursuant to Section
10087
of the Business and Professions Code, Respondent __________is hereby barred and
prohibited for a period of thirty-six (36) months from the effective date of
this order from performing any of the following activities in the State of
California:
(a) Participating in any
capacity to further the business activity of a real estate salesperson or real
estate broker, or engaging in any business activity involving real estate that
is subject to regulation under Division 4 (Sections
10000 through 11288) of the
Business & Professions Code;
(b) Participating in any activity for which a
real estate salesperson or a real estate broker license is required;
(c) Engaging in any real estate-related
business activity on the premises where a real estate salesperson or real
estate broker is conducting business which requires a real estate
license;
(d) Participating in any
real estate-related business activity of a finance lender, residential mortgage
lender, bank, credit union, escrow company, title company, or underwritten
title company; and
(e) Holding any
position of employment, management, control, or ownership, as a real estate
broker, a real estate salesperson, or an unlicensed person, in any business
involving any of the activities mentioned in subparagraphs (a) through (d)
above.
