SECTIONS 10560-10564 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 10560-10564

10560. Upon grounds provided in this article and the other articles
of this chapter, the license of any mineral, oil and gas licensee
may be revoked or suspended in accordance with the provisions of this
part relating to hearings.

10561. The commissioner may, upon his own motion, and shall, upon
the verified complaint in writing of any person, investigate the
actions of any person engaged in the business or acting in the
capacity of a mineral, oil and gas licensee, within this state, and
he may temporarily suspend or permanently revoke a mineral, oil and
gas license at any time if the licensee, while a mineral, oil and gas
licensee, in performing or attempting to perform any of the acts
within the scope of this chapter, has been guilty of any of the
following:
(a) Making any substantial misrepresentation.
(b) Making any false promises of a character likely to influence,
persuade or induce.
(c) Acting for more than one party in a transaction without the
knowledge or consent of all parties thereto.
(d) Commingling with his own money or property the money or
property of others which is received and held by him.
(e) Claiming or demanding a fee, compensation or commission under
any exclusive agreement authorizing or employing a licensee to sell,
buy or exchange mineral, oil or gas property for compensation, or
commission where such agreement does not contain a definite,
specified date of final and complete termination.
(f) The claiming or taking by a licensee of any secret or
undisclosed amount of compensation, commission or profit or the
failure of a licensee to reveal to the employer of such licensee the
full amount of such licensee's compensation, commission, or profit
under any agreement authorizing or employing such licensee to do any
acts for which a license is required under this chapter for
compensation or commission prior to or coincident with the signing of
an agreement evidencing the meeting of the minds of the contracting
parties, regardless of the form of such agreement, whether evidenced
by documents in an escrow or by any other or different procedure.
(g) The use by a licensee of any provision allowing the licensee
an option to purchase in an agreement authorizing or employing such
licensee to sell, buy or exchange mineral, oil or gas property for
compensation or commission, except when such licensee prior to or
coincident with election to exercise such option to purchase reveals
in writing to the employer the full amount of licensee's profit and
obtains the written consent of the employer approving the amount of
such profit.
(h) Any other conduct, whether of the same or a different
character than specified in this section, which constitutes fraud or
dishonest dealing.

10562. The commissioner may suspend or revoke the license of a
mineral, oil, and gas licensee who has done any of the following:
(a) Entered a plea of guilty or nolo contendere to, or been found
guilty of, or been convicted of, a felony, or a crime substantially
related to the qualifications, functions, or duties of a mineral,
oil, and gas licensee, and the time for appeal has elapsed or the
judgment of conviction has been affirmed on appeal, irrespective of
an order granting probation following that conviction, suspending the
imposition of sentence, or of a subsequent order under the provision
of Section 1203.4 of the Penal Code allowing the licensee to
withdraw his or her plea of guilty and to enter a plea of not guilty,
or setting aside the verdict of guilty, or dismissing the accusation
or information.
(b) Knowingly authorized, directed, connived at or aided in the
publication, advertisement, distribution, or circulation of a
material false statement or representation concerning his or her
business or a mineral, oil, or gas property offered for sale.
(c) Willfully disregarded or violated any of the provisions of the
Real Estate Law (commencing with Section 10000) or of Chapter 1
(commencing with Section 11000) of Part 2 or of the rules and
regulations of the commissioner for the administration and
enforcement of the Real Estate Law and Chapter 1 (commencing with
Section 11000) of Part 2.
(d) Acted or conducted himself or herself in a manner which would
have warranted the denial of his or her application for a mineral,
oil, and gas license.
(e) Willfully used the term "realtor" or a trade name or insigne
of membership in a real estate organization of which the licensee is
not a member.
(f) Demonstrated negligence or incompetence in performing an act
for which he or she is required to hold a license.
(g) Has used his or her employment by a governmental agency in a
capacity giving access to records, other than public records, in a
manner that violates the confidential nature of the records.
(h) Any other conduct, whether of the same or a different
character than specified in this section, which constitutes fraud or
dishonest dealing.

10562.5. When a final judgment is obtained in a civil action
against any mineral, oil and gas license, upon grounds of fraud,
misrepresentation, or deceit with reference to any transaction for
which a license is required under this division, the commissioner
may, after hearing in accordance with the provisions of this part
relating to hearings, suspend or revoke the license of such mineral,
oil and gas licensee.

10564. The commissioner may suspend or revoke the mineral, oil, and
gas license of a corporation as to any officer or agent acting under
its mineral, oil, and gas license, without revoking the mineral,
oil, and gas license of the corporation.