SECTIONS 11400-11409 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 11400-11409

11400. (a) Initial application fees shall be paid to the office at
the time of application.
(b) All issuance-related fees shall be paid to the office at the
time the issuance application is submitted to the office.
(c) All fees shall be paid by cashier's check, certified check,
money order, or government purchase order. In addition, the office
may accept personal checks or credit cards for the payment of fees.
All fees shall be deemed earned by the office upon receipt and are
refundable at the discretion of the director.

11401. (a) The fee to take an examination or reexamination for a
license shall be set at an amount not to exceed the cost to the
office as determined by competitive bid.
(b) The director may provide that the applicant pay the fee
directly to the examination provider.

11404. The fee for an original or renewal real estate appraiser
license or appraiser trainee license shall not exceed four hundred
fifty dollars ($450), which includes the application and issuance
fees.

11405. The fee for an original or renewal certification as a state
certified real estate appraiser shall not exceed five hundred
twenty-five dollars ($525), which includes the application and
issuance fees.

11406. (a) The director shall by regulation establish fees for
approval of basic education and continuing education courses or their
equivalent, or for the evaluation of petitions of applicants based
upon claims of equivalency pursuant to Section 11340. The fees
established by regulation shall be sufficient to cover the costs
incurred by the office in processing applications for course
approvals and petitions for equivalency.
(b) The director shall by regulation establish fees for approval
of courses of study required to be taken by applicants for licenses.
The fees established by regulation shall be sufficient to cover the
costs incurred by the office in processing applications for course
approvals and petitions for equivalency.

11406.5. The director shall, by regulation, establish the fees to
be imposed on appraisal management companies. The fees shall be
sufficient to cover the costs incurred by the office in administering
the changes to this part made by the act adding this section.

11407. The director may by regulation prescribe fees lower than the
maximum fees established by this chapter if he or she determines
that lower fees will be adequate to offset the costs incurred by the
office and the committee in the administration of this part.

11408. (a) Application for issuance of a license must be submitted
to the office within one year of the successful completion of the
examination.
(b) Every applicant or licensee shall pay federal registry fees
and state registry processing fees to the state as required as part
of issuance-related fees.

11409. (a) Except as otherwise provided by law, any order issued in
resolution of a disciplinary proceeding may direct a licensee,
applicant for licensure, person who acts in a capacity that requires
a license under this part, registrant, applicant for a certificate of
registration, course provider, applicant for course provider
accreditation, or a person who, or entity that, acts in a capacity
that requires course provider accreditation found to have committed a
violation or violations of statutes or regulations relating to real
estate appraiser practice to pay a sum not to exceed the reasonable
costs of investigation, enforcement, and prosecution of the case.
(b) Where an order for recovery of costs is made and payment is
not made within 30 days of the date directed in the office's
decision, the order for recovery shall constitute a valid and
enforceable civil judgment. This judgment shall be in addition to,
and not in place of, any other criminal or civil penalties provided
for by law.
(c) (1) Failure of a licensee, applicant for licensure, person who
acts in a capacity that requires a license under this part,
registrant, applicant for a certificate of registration, 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 recovery costs or make a recovery cost payment
within 30 days of the date ordered, shall result in disciplinary
action by the office. If the person fails to pay recovery costs
within 30 days, that person shall pay interest and a penalty of 10
percent of the recovery costs or payment amount. Interest shall be
charged at the pooled money investment rate.
(2) If recovery costs are not paid as ordered, the full amount of
the assessed fine shall be added to any fee for renewal of a license
or a certificate of registration. A license or a certificate of
registration shall not be renewed prior to payment of the renewal fee
and recovery costs.
(3) The director may order the full amount of any recovery costs
to be immediately due and payable if any payment on the recovery
costs, or portion thereof, is not received within 30 days of its due
date.
(4) Any recovery costs, or interest thereon, not paid within 30
days of a final order shall constitute a valid and enforceable civil
judgment.
(d) A certified copy of the office's decision shall be conclusive
proof of the validity of the order and its terms.
(e) The office shall not renew or reinstate the license of any
licensee or the certificate of registration of any registrant who has
failed to pay all of the costs ordered under this section.
(f) Nothing in this section shall preclude the office from
including the recovery of the costs of investigation and enforcement
of a case in any default decision or stipulated settlement.