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The Summer 2014 issue of the Real Estate Bulletin, produced by the California Bureau of Real Estate, announces that the Bureau has finalized its authority to issue citations and assess fines without first going through a lengthy, and sometimes expensive, process of administrative hearings. The details of the "cite and fine" program can be found in Business and Professions Code 10080.9 and Commissioner's Regulations 2907 (effective July 1, 2014). These codes not only set forth procedures for citing and fining errant real estate licensees, but also they provide for similar procedures to be applied to unlicensed persons who are doing things that require a license.
The Summer 2014 issue of the Real Estate Bulletin, produced by the California Bureau of Real Estate, announces that the Bureau has finalized its authority to issue citations and assess fines without first going through a lengthy, and sometimes expensive, process of administrative hearings. The details of the "cite and fine" program can be found in Business and Professions Code 10080.9 and Commissioner's Regulations 2907 (effective July 1, 2014). These codes not only set forth procedures for citing and fining errant real estate licensees, but also they provide for similar procedures to be applied to unlicensed persons who are doing things that require a license.
It sounds as if the citations are going to be for items that the licensee should already be aware of and complying with. The interesting aspect of this is once they tag enough licensees the word will get out and less of the minor stuff will be occurring. Unfortunately there will be some unlucky ones chosen to provide a lesson to the rest.
I'm curious though and have a few questions.
Have they considered a "Cite And No Fine" blitz just to get the word out? Say a 3 month period and then after that start fining with the citations.
Is your RE Commission (State) an autonomous office or do they still obtain their funding from a State budget and license fees?
For those that do not have a license has the RE Commission also worked with the State AG to streamline and enhance the ability to actually force an unlicensed person to pay any fine?
It will keep principal broker's on their toes. It will be interesting to see if Principal broker's take responsibility for creating systems or if they will require that agents reimburse them for any fines received.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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I have a policy about fines and/or mediation/arbitration expenses.
You incur them, you pay them. As soon as they are paid, you're fired.
I see no difference between this and a traffic citation. You can pay the fine, or you can go to court and contest it. I see due process here.
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