Exemption From Fees - Revenue - Business & Professions - CA

Section § 10460

This section defines what a 'military licensee' is within real estate law, specifically someone who is licensed and joins the military, notifying the relevant authorities in six months. It clarifies who counts as being in 'military service,' listing specific branches and roles, like the Army, Navy, Air Force, and Public Health officers attached to the military. Finally, it explains that 'military service' includes active duty and training, as well as times when a service person is absent due to valid reasons like sickness or leave.

As used in this article:

(a) “Military licensee” refers to a person who, while holding a license or license endorsement under the Real Estate Law, or any of the statutes codified therein, entered the military service of the United States and notifies the commissioner of that fact within six months of such entry.

(b) “Persons in the military service of the United States” includes the following persons and no others: all members of the United States Army, the United States Navy, the United States Air Force, the Marine Corps, the Merchant Marine in time of war, the Coast Guard, the National Guard, and all officers of the Public Health Service detailed by proper authority for duty either with the Army or the Navy.

(c) “Military service” signifies federal service after October 1, 1940, on active duty with any branch of service heretofore referred to or mentioned as well as training or education under the supervision of the United States preliminary to induction into the military service. The terms “active service” or “active duty” include the period during which a person in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause.

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Section § 10461

If you're in the military and have a professional license in California, you don't need to renew it until you either resume your business activities or a year after you leave military service, whichever happens first.

A military licensee shall not be required to renew his or her license or license endorsement under this part, or his or her license under Chapter 19 of Division 3, until the beginning of the license or license endorsement period which first commences (a) after his or her again engaging in business, or (b) after one year following termination of military service, whichever is the earlier.

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Section § 10462

If someone holding a military license is dishonorably discharged or stays in the military for more than seven years after notifying the commissioner, they lose certain privileges granted by this law.

A military licensee shall not be entitled to the privileges of this article if he receives a dishonorable discharge from the military service of the United States or if he voluntarily remains in the military service for more than seven years from the date of notification to the commissioner as provided by subdivision (a) of Section 10460.

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Section § 10463

This law allows people who were licensed in California and entered the U.S. military without notifying the licensing commissioner to apply for reinstating their licenses or endorsements. They must do this either when they return to business or within a year after leaving military service. The commissioner will reinstate the license if the person would have otherwise qualified, was only lacking the military entry notification, and complies with related regulations. If the person did not notify about entering military service, they must show proof of their previous license within seven years of entering the military.

A person who would qualify as a military licensee except for the failure to notify the commissioner of his or her entry into the military service of the United States may apply to the commissioner for reinstatement of his or her license or license endorsement upon resuming business or within one year following termination of military service, whichever is earlier. The commissioner shall reinstate the applicant if he or she finds that the applicant would be entitled to the privileges of this article except for his or her failure to give the commissioner notice of his or her entry into the military service of the United States and that the applicant has complied with Article 2.5 (commencing with Section 10170). In the event the applicant failed to notify the commissioner of his or her entry into the military service as provided, he or she shall be required to submit proof of his or her previous licensure or license endorsement within seven years of the date of entry into the military service to permit reinstatement of his or her license or license endorsement.

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