SECTIONS 11310-11319 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 11310-11319

11310. The Governor shall appoint, subject to confirmation by the
Senate, the Director of the Office of Real Estate Appraisers who
shall, in consultation with the Governor and secretary, administer
the licensing and certification program for real estate appraisers.
In making the appointment, consideration shall be given to the
qualifications of an individual that demonstrate knowledge of the
real estate appraisal profession.
(a) The director shall serve at the pleasure of the Governor. The
salary for the director shall be fixed and determined by the
secretary with approval of the Department of Personnel
Administration.
(b) The director shall not be actively engaged in the appraisal
business or any other affected industry for the term of appointment,
and thereafter the director shall be subject to Section 87406 of the
Government Code.
(c) The director, in consultation with the secretary and in
accordance with the State Civil Service Act, may appoint and fix the
compensation of legal, clerical, technical, investigation, and
auditing personnel as may be necessary to carry out this part. All
personnel shall perform their respective duties under the supervision
and direction of the director.
(d) The director may appoint not more than four deputy directors
as he or she deems appropriate. The deputy directors shall perform
their respective duties under the supervision and direction of the
director.
(e) Every power granted to or duty imposed upon the director under
this part may be exercised or performed in the name of the director
by the deputy directors, subject to conditions and limitations as the
director may prescribe.

11313. The office is under the supervision and control of the
secretary. The duty of enforcing and administering this part is
vested in the director and he or she is responsible to the secretary
therefor. The director shall adopt and enforce rules and regulations
as are determined reasonably necessary to carry out the purposes of
this part. Those rules and regulations shall be adopted pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.

11314. The office is required to include in its regulations
requirements for licensure and discipline of real estate appraisers
that ensure protection of the public interest and comply in all
respects with Title XI of the Financial Institutions Reform, Recovery
and Enforcement Act of 1989, Public Law 101-73 and any subsequent
amendments thereto. Requirements for each level of licensure shall,
at a minimum, meet the criteria established by the Appraiser
Qualification Board of the Appraisal Foundation. The office may
additionally include in its regulations requirements for the
registration of appraisal management companies consistent with this
part.

11315. (a) The director may issue to a licensee, applicant for
licensure, person who acts in a capacity that requires a license
under this part, course provider, applicant for course provider
accreditation, or a person who, or entity that, acts in a capacity
that requires course provider accreditation a citation that may
contain an order to pay an administrative fine assessed by the office
if the person or entity is in violation of this part or any
regulations adopted to carry out its purposes.
(b) A citation shall be written and describe with particularity
the nature of the violation, including a specific reference to the
provision of law determined to have been violated.
(c) If appropriate, the citation may contain an order of abatement
fixing a reasonable time for abatement of the violation.
(d) (1) If appropriate, the citation may contain an order to
enroll in and successfully complete additional basic or continuing
education courses.
(2) When a citation imposes an education course or courses, the
completion of the course or courses by the licensee shall be subject
to the following conditions:
(A) The citation imposing the education requirement may specify
the specific course content, the number of hours to be completed, the
date by which the course is to be completed, and the method by which
satisfaction of the order is to be reported to the office.
(B) An education course imposed by citation may not be credited
towards the licensee's continuing education requirements pursuant to
Section 11360.
(C) Only courses accredited by the office shall be accepted for
purposes of fulfilling education imposed by citation.
(D) Any failure to satisfactorily complete or timely report an
education course to the office by the date specified in the citation
shall result in the automatic suspension of the licensee's real
estate appraiser license as of that date.
(E) Reinstatement of a license suspended pursuant to subparagraph
(D) shall be made only if all of the following events occur:
(i) Satisfactory verification of the completion of the education
course or courses imposed by the citation.
(ii) Completion and filing of a reinstatement application.
(iii) Payment of all applicable fees, fines, or penalties.
(e) In no event shall an administrative fine assessed by the
office by citation or order exceed ten thousand dollars ($10,000) per
violation. In assessing a fine, the office shall give due
consideration to the appropriateness of the amount of the fine with
respect to factors such as the gravity of the violation, the good
faith of the person who committed the violation, and the history of
previous violations.
(f) A citation or fine assessment issued pursuant to a citation
shall inform the person cited that, if he or she desires a hearing to
contest the finding of a violation, he or she must request a hearing
by written notice to the office within 30 days of the date of
issuance of the citation or assessment. Hearings shall be held
pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code. The citation or fine
assessment shall also inform the person cited that failure to respond
to the citation or fine assessment shall result in any order or
administrative fine imposed becoming final, and that any order or
administrative fine shall constitute an enforceable civil judgment in
addition to any other penalty or remedy available pursuant to law.
(g) (1) If a licensee, applicant for licensure, person who acts in
a capacity that requires a license under this part, course provider,
applicant for course provider accreditation, or a person who, or
entity that, acts in a capacity that requires course provider
accreditation fails to pay a fine, penalty, or required installment
payment on the fine or penalty by the date when it is due, the
director shall charge him or her interest and a penalty of 10 percent
of the fine or installment payment amount. Interest shall be charged
at the pooled money investment rate.
(2) Failure of a licensee, applicant for licensure, person who
acts in a capacity that requires a license under this part, course
provider, applicant for course provider accreditation, or a person
who, or entity that, acts in a capacity that requires course provider
accreditation to pay a fine or required installment payment on the
fine within 30 days of the date ordered in the citation, unless the
citation is being appealed, shall be cause for additional
disciplinary action by the office.
(3) If a citation is not contested and a fine or fine payment is
not paid within 30 days of the date ordered in the citation or other
order of the director, the full amount of the unpaid balance of the
assessed fine shall be added to any fee for renewal of a license. A
license shall not be renewed prior to payment of the renewal fee and
fine.
(4) The director may order the full amount of any fine to be
immediately due and payable if any payment due on a fine is not
received by the office within 30 days of its due date.
(5) Any fine, or interest thereon, not paid within 30 days of a
final citation or order shall constitute a valid and enforceable
civil judgment.
(6) A certified copy of the final order, or the citation with
certification by the office that no request for hearing was received
within 30 days of the date of issuance of the citation, shall be
conclusive proof of the civil judgment, its terms, and its validity.
(h) A citation may be issued without the assessment of an
administrative fine.
(i) Any administrative fine or penalty imposed pursuant to this
section shall be in addition to any other criminal or civil penalty
provided for by law.
(j) Administrative fines collected pursuant to this section shall
be deposited in the Real Estate Appraisers Regulation Fund.

11315.1. (a) The director may issue to a registrant or person who
acts in a capacity that requires a certificate of registration under
this part, a citation that may contain an order to pay an
administrative fine assessed by the office, if the person is in
violation of this part or any regulations adopted to carry out its
purposes.
(b) A citation shall be written and shall describe with
particularity the nature of the violation, including a specific
reference to the provision of law determined to have been violated.
(c) If appropriate, the citation may contain an order of abatement
fixing a reasonable time for abatement of the violation.
(d) In no event shall an administrative fine assessed by the
office by citation or order exceed ten thousand dollars ($10,000) per
violation. In assessing a fine, the office shall give due
consideration to the appropriateness of the amount of the fine with
respect to factors such as the gravity of the violation, the good
faith of the person that committed the violation, and the history of
previous violations.
(e) A citation or fine assessment issued pursuant to a citation
shall inform the person cited that, if the person desires a hearing
to contest the finding of a violation, he or she or one of its
controlling persons must request a hearing by written notice to the
office within 30 days of the date of issuance of the citation or
assessment. Hearings shall be held pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code. The citation or fine assessment shall also inform
the person cited that failure to respond to the citation or fine
assessment shall result in any order or administrative fine imposed
becoming final, and that any order or administrative fine shall
constitute an enforceable civil judgment in addition to any other
penalty or remedy available pursuant to law.
(f) (1) If a registrant or person who acts in a capacity that
requires a certificate of registration fails to pay a fine, penalty,
or required installment payment on the fine or penalty by the date
when it is due, the director shall charge that person interest and a
penalty of the fine or installment payment amount. Interest shall be
charged at the pooled money investment rate.
(2) Failure of a registrant or person who requires a certificate
of registration to pay a fine or required installment payment on the
fine within 30 days of the date ordered in the citation, unless the
citation is being appealed, shall be cause for additional
disciplinary action by the office.
(3) If a citation is not contested and a fine or fine payment is
not paid within 30 days of the date ordered in the citation or other
order of the director, the full amount of the unpaid balance of the
assessed fine shall be added to any fee for renewal of a certificate
of registration. A certificate of registration shall not be renewed
prior to payment of the renewal fee and fine.
(4) The director may order the full amount of any fine to be
immediately due and payable if any payment due on a fine is not
received by the office within 30 days of its due date.
(5) Any fine, or interest thereon, not paid within 30 days of a
final citation or order shall constitute a valid and enforceable
civil judgment.
(6) A certified copy of the final order, or the citation with
certification by the office that no request for hearing was received
within 30 days of the date of issuance of the citation, shall be
conclusive proof of the civil judgment, its terms, and its validity.
(g) A citation may be issued without the assessment of an
administrative fine.
(h) Any administrative fine or penalty imposed pursuant to this
section shall be in addition to any other criminal or civil penalty
provided for by law.
(i) Administrative fines collected pursuant to this section shall
be deposited in the Real Estate Appraisers Regulation Fund.

11315.5. Notwithstanding any other provision of law, the office
may, at any time the director deems it to be in the public interest,
enter into a settlement of any administrative allegation of violation
of this part, or of regulations promulgated pursuant thereto, upon
any terms and conditions as the director deems appropriate. Those
settlements may include, but are not limited to, a plan for abatement
of the violation or rehabilitation or requalification of the
applicant, licensed appraiser, course provider, registrant, or person
acting in a capacity requiring a license, certificate of
registration, or course provider accreditation within a specified
time.

11316. (a) The director may assess a fine against a licensee,
applicant for licensure, person who acts in a capacity that requires
a license under this part, course provider, applicant for course
provider accreditation, or a person who, or entity that, acts in a
capacity that requires course provider accreditation for violation of
this part or any regulations adopted to carry out its purposes.
(b) (1) Failure of a licensee, applicant for licensure, person who
acts in a capacity that requires a license under this part, course
provider, applicant for course provider accreditation, or a person
who, or entity that, acts in a capacity that requires course provider
accreditation to pay a fine or make a fine payment within 30 days of
the date of assessment shall result in disciplinary action by the
office. If a licensee, applicant for licensure, person who acts in a
capacity that requires a license under this part, course provider,
applicant for course provider accreditation, or a person who, or
entity that, acts in a capacity that requires course provider
accreditation fails to pay a fine within 30 days, the director shall
charge him or her interest and a penalty of 10 percent of the fine or
payment amount. Interest shall be charged at the pooled money
investment rate.
(2) If a fine is not paid, the full amount of the assessed fine
shall be added to any fee for renewal of a license. A license shall
not be renewed prior to payment of the renewal fee and fine.
(3) The director may order the full amount of any fine to be
immediately due and payable if any payment on the fine, or portion
thereof, is not received within 30 days of its due date.
(4) Any fine, or interest thereon, not paid within 30 days of a
final order shall constitute a valid and enforceable civil judgment.
(5) A certified copy of the final order shall be conclusive proof
of the validity of the order of payment and the terms of payment.
(c) Any administrative fine or penalty imposed pursuant to this
section shall be in addition to any other criminal or civil penalty
provided for by law.
(d) Administrative fines collected pursuant to this section shall
be deposited in the Real Estate Appraisers Regulation Fund.

11317. The office shall publish a summary of public disciplinary
actions taken by the office, including resignations while under
investigation and the violations upon which these actions are based,
which shall meet, at a minimum, the requirements of the appraisal
subcommittee. The office shall not publish identifying information
with respect to private reprovals or letters of warning, which shall
remain confidential.

11318. (a) A licensee, applicant for licensure, course provider, or
applicant for course provider accreditation shall report to the
office, in writing, the occurrence of any of the following events
within 30 days of the date he or she has knowledge of any of these
events:
(1) The conviction of the licensee, applicant for licensure,
course provider, or applicant for course provider accreditation of
any of the following:
(A) A felony.
(B) Any crime related to the qualifications, functions, or duties
of a licensee, or to acts or activities committed in the course of
the licensee's or course provider's practice.
As used in this section, a conviction includes an initial plea,
verdict, or finding of guilty, plea of no contest, or pronouncement
of sentence by a trial court even though that conviction may not be
final, the sentence may not be imposed, or all appeals may not be
exhausted.
(2) The cancellation, revocation, or suspension of a license,
other authority to practice, or refusal to renew a license or other
authority to practice as an occupational or professional licensee or
course provider, by any other regulatory entity.
(3) The cancellation, revocation, or suspension of the right to
practice before any governmental body or agency.
(b) The report required by subdivision (a) shall be signed by the
licensee, applicant for licensure, course provider, or applicant for
course provider accreditation and clearly set forth the facts that
constitute the reportable event. The report shall include the title
of the matter, court or agency name, docket number, and dates of
occurrence of the reportable event.
(c) The licensee, applicant for licensure, course provider, or
applicant for course provider accreditation shall also promptly
obtain and submit a certified copy of the police or administrative
agency's investigative report and certified copies of the court or
administrative agency's docket, complaint or accusation, and judgment
or other order.
(d) A licensee, applicant for licensure, course provider, or
applicant for course provider accreditation shall promptly respond to
oral or written inquiries from the office concerning the reportable
events.

11319. Notwithstanding any other provision of this code, the
Uniform Standards of Professional Appraisal Practice constitute the
minimum standard of conduct and performance for a licensee in any
work or service performed that is addressed by those standards. If a
licensee also is certified by the Board of Equalization, he or she
shall follow the standards established by the Board of Equalization
when fulfilling his or her responsibilities for assessment purposes.