From California's Premier Professional Licensing Law Firm
As of 2012, the Department of Real Estate now requires its licensed brokers and real estate salespersons to report certain “adverse events” to the Department. Business and Professions Code §10186.2 requires a licensee to make a report, in writing, within 30 days if any of the following occur:
– A licensee is charged with a…
“in pro per” “in propria persona” “rules at hearing” evidence hearsay representation…
Continue Reading The Dangers of Representing Yourself at Hearing
Probation Expungement licensing rehabilitation…
Continue Reading Criminal Probation and the Licensing Case
When the Department of Real Estate seeks to discipline a licensee or deny a license application, it is required by California law to establish specific “criteria for rehabilitation.” These criteria are very important to understand for licensees and applicants. Essentially, by publishing these criteria, the Department of Real Estate (DRE) provides a statutory…
After an adverse decision, such as a decision by a Board or Department to revoke a license, a licensee has as little as 30 days to appeal that decision to the Superior Court. This appeal, called a petition for writ of administrative mandamus, seeks a court order commanding the agency to set aside the disciplinary…
Since the passage of the SAFE Act in 2008 and the subsequently enacted legislation in California, real estate professionals and employees of California finance lenders who want to originate home loans in California must apply for a Mortgage Loan Originator (MLO) endorsement through the Nationwide Mortgage Licensing System & Registry (NMLS).
For licensees and applicants…
The California Department of Insurance wields arguably the most powerful licensing law in California, California Insurance Code section 1669. Section 1669, which applies to applicants but also to existing insurance broker licenses through a related statute, empowers the Commissioner to summarily deny or summarily revoke (without a hearing) an insurance broker license for a felony…
In California, the Office of Administrative Hearings (OAH) hears all professional license discipline or denial cases, except for liquor license and attorney discipline hearings. The same administrative court hears cases for such varied occupations as physicians, architects, dentists, insurance brokers and engineers. A panel of about 75 administrative law judges (ALJs), working our of four…
“the SAFE Act requires applicants to submit to credit checks to determine if an applicant has demonstrated ‘financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that applicants will operate honestly, fairly, and effectively”…
Continue Reading First SAFE Act Mortgage Loan Originator Cases Coming
Widespread use of the internet by regulatory agencies to post disciplinary actions, causing damage to licensees’ reputations and dramatically impacting careers, is a deeply unfortunate reality. Prior to widespread use of the internet, “practical obscurity” kept disciplinary information largely out of the reach of the public, because records were only available by telephonic…
