SECTIONS 6580-6584 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6580-6584

6580. (a) The bureau may upon its own, and shall, upon the receipt
of a complaint from any person, investigate the actions of any
professional fiduciary. The bureau shall review a professional
fiduciary's alleged violation of statute, regulation, or the
Professional Fiduciaries Code of Ethics and any other complaint
referred to it by the public, a public agency, or the department, and
may impose sanctions upon a finding of a violation or a breach of
fiduciary duty.
(b) Sanctions shall include any of the following:
(1) Administrative citations and fines as provided in Section
125.9 for a violation of this chapter, the Professional Fiduciaries
Code of Ethics, or any regulation adopted under this chapter.
(2) License suspension, probation, or revocation.
(c) The bureau shall provide on the Internet information regarding
any sanctions imposed by the bureau on licensees, including, but not
limited to, information regarding citations, fines, suspensions, and
revocations of licenses or other related enforcement action taken by
the bureau relative to the licensee.

6582. All proceedings against a licensee for any violation of this
chapter or any regulations adopted by the bureau shall be conducted
in accordance with the Administrative Procedure Act (Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code), and shall be prosecuted by the Attorney
General's office, and the bureau shall have all the powers granted
therein.

6582.5. Notwithstanding Section 6582, if any violation occurs, in
its discretion, the bureau may refer the case to the Attorney General
or to the local district attorney for criminal prosecution. The
referral of a case for criminal prosecution shall not preclude the
bureau from taking any other action provided for in this chapter.

6583. The bureau shall establish a system of administrative
citations and fines under Section 125.9 for violations of this
chapter, the Professional Fiduciaries Code of Ethics, or any
regulation adopted under this chapter.

6584. A license issued under this chapter may be suspended,
revoked, denied, or other disciplinary action may be imposed for one
or more of the following causes:
(a) Conviction of any felony or any misdemeanor, if the
misdemeanor is substantially related to the functions and duties of a
professional fiduciary. The record of conviction, or a certified
copy thereof, is conclusive evidence of the conviction.
(b) Failure to notify the bureau of a conviction as required by
paragraph (10) of subdivision (a) of Section 6561.
(c) Fraud or misrepresentation in obtaining a license.
(d) Fraud, dishonesty, corruption, willful violation of duty,
gross negligence or incompetence in practice, or unprofessional
conduct in, or related to, the practice of a professional fiduciary.
For purposes of this section, unprofessional conduct includes, but is
not limited to, acts contrary to professional standards concerning
any provision of law substantially related to the duties of a
professional fiduciary.
(e) Failure to comply with, or to pay a monetary sanction imposed
by, a court for failure to provide timely reports. The record of the
court order, or a certified copy thereof, is conclusive evidence that
the sanction was imposed.
(f) Failure to pay a civil penalty relating to the licensee's
professional fiduciary duties.
(g) The revocation of, suspension of, or other disciplinary action
against, any other professional license by the State of California
or by another state. A certified copy of the revocation, suspension,
or disciplinary action is conclusive evidence of that action.
(h) Violation of this chapter or of the applicable provisions of
Division 4 (commencing with Section 1400), Division 4.5 (commencing
with Section 4000), Division 4.7 (commencing with Section 4600), or
Division 5 (commencing with Section 5000) of the Probate Code or of
any of the statutes, rules, or regulations pertaining to duties or
functions of a professional fiduciary.