Hearings - Administration - Business & Professions - CA

Section § 10100

This law outlines the process that must be followed when a government department in California wants to suspend, revoke, or deny a professional license. If the department plans to suspend or revoke a license, they need to follow specific procedures outlined in the Government Code. Similarly, if they deny an application for a license, they must follow another set of rules listed in the Business and Professions Code.

(a) Before suspending or revoking a license or license endorsement issued under the provisions of this part, the department shall proceed as prescribed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted therein.

(b) Upon denial of an application for a license or license endorsement issuable under the provisions of this part, the department shall proceed under Sections 485 to 488, inclusive.

suspend license revoke license deny license application

Section § 10100.2

This law allows someone who is being investigated or has formal accusations filed against them to request to give up their professional license voluntarily. The license is officially surrendered when the commissioner agrees to it. To get the license back, the individual must ask for reinstatement, and the commissioner can look at all relevant information before making a decision.

A licensee against whom an investigation is pending or an accusation has been filed pursuant to Section 11503 of the Government Code may petition the commissioner to voluntarily surrender his or her license. The surrender of a license shall become effective upon acceptance by the commissioner and thereafter, a surrendered licensee may be relicensed only by petitioning for reinstatement pursuant to Section 11522 of the Government Code. When deciding a petition for reinstatement, the commissioner may consider all relevant evidence, including affidavits.

license surrender investigation accusation

Section § 10100.4

This law allows a department to settle disputes with licensees or applicants instead of taking formal legal action against them. The settlement must outline the facts and specific laws or rules that were violated. If someone agrees to a settlement, they can still request changes to it later or ask for probation to end sooner if applicable. Any such settlement will count as official discipline by the department.

(a) Notwithstanding Section 11415.60 of the Government Code, the department may enter into a settlement with a licensee or applicant instead of the issuance of an accusation or statement of issues against that licensee or applicant.

(b) The settlement shall identify the factual basis for the action being taken and the statutes or regulations violated.

(c) A person who enters a settlement pursuant to this section is not precluded from filing a petition, in the timeframe permitted by law, to modify the terms of the settlement or a petition for early termination of probation, if probation is part of the settlement.

(d) Any settlement with a licensee executed pursuant to this section shall be considered discipline by the department.

settlement with licensee settlement agreement factual basis

Section § 10101

This law sets time limits for filing a complaint against a licensee for professional misconduct. Generally, complaints must be filed within three years of the incident. However, if it involves fraud, misrepresentation, or false promises, it can be filed within one year of discovering the issue, or three years from when it happened, whichever is later. Regardless, no complaint can be filed more than 10 years after the incident.

The accusation provided for by Section 11503 of the Government Code shall be filed not later than three years from the occurrence of the alleged grounds for disciplinary action unless the acts or omissions with which the licensee is charged involves fraud, misrepresentation or a false promise in which case the accusation shall be filed within one year after the date of discovery by the aggrieved party of the fraud, misrepresentation or false promise or within three years after the occurrence thereof, whichever is later, except that in no case shall an accusation be filed later than 10 years from the occurrence of the alleged grounds for disciplinary action.

complaint filing deadline disciplinary action timeline fraudulent conduct

Section § 10103

Even if someone’s professional license has expired, been suspended, or voluntarily given up, the department can still investigate and take disciplinary actions against them. The department retains the power to eventually suspend or revoke the license, if warranted.

The lapsing or suspension of a license by operation of law or by order or decision of the department or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the department of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such licensee, or to render a decision suspending or revoking such license.

license lapse suspension of license voluntary surrender

Section § 10106

This law allows the commissioner to require a licensee who violated certain regulations to pay for the costs related to investigating and enforcing the case. If a corporation or partnership is involved, the costs can be charged to the entity. The commissioner provides evidence of costs, and an administrative law judge will decide how much should be paid. These costs can include charges from the Attorney General. If a licensee doesn't pay these costs on time, the commissioner can take them to court to collect the money. Licenses won't be renewed if the costs aren't paid, unless the licensee shows financial hardship and agrees to a repayment plan. Collected costs go to the Real Estate Fund. The department can also negotiate cost recovery in settlements.

(a) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before the department, the commissioner may request the administrative law judge to direct a licensee found to have committed a violation of this part to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case.

(b) In the case of a disciplined licensee that is a corporation or a partnership, the order may be made against the licensed corporate entity or licensed partnership.

(c) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the commissioner or the commissioner’s designated representative, shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General.

(d) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to subdivision (a). The finding of the administrative law judge with regard to costs shall not be reviewable by the commissioner to increase the cost award. The commissioner may reduce or eliminate the cost award, or remand to the administrative law judge where the proposed decision fails to make a finding on costs requested pursuant to subdivision (a).

(e) Where an order for recovery of costs is made and timely payment is not made as directed in the commissioner’s decision, the commissioner may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the commissioner may have as to any licentiate to pay costs.

(f) In any action for recovery of costs, proof of the commissioner’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.

(g)

(1) Except as provided in paragraph (2), the department shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section.

(2) The department may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licensee who demonstrates financial hardship and who enters into a formal agreement with the department to reimburse the department within that one-year period for the unpaid costs.

(h) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the Real Estate Fund to be available, notwithstanding Section 10451, upon appropriation by the Legislature.

(i) Nothing in this section shall preclude the department from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement.

disciplinary proceeding licensee violation reasonable costs