BlackletterCalifornia law

CHAPTER 2. Administration

Chapter 2 added by Stats. 1943, Ch. 127.

§§ 10050–10106 · 37 sections

  1. ARTICLE 1. The Real Estate Commissioner §§ 10050–10088 · 31 sections
    • § 10050 (a) (1) There is in the Business and Consumer Services Agency a Department of Real Estate, the chief officer of which department is named the Real Estate…
    • § 10050.1 Protection of the public shall be the highest priority for the Department of Real Estate in exercising its licensing, regulatory, and disciplinary functions.…
    • § 10051 The commissioner shall be appointed by the Governor.
    • § 10052 The commissioner shall have been for five years a real estate broker actively engaged in business as such in California, or shall possess related experience…
    • § 10053 The commissioner shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government…
    • § 10071 The commissioner shall enforce the provisions of this part and of Chapter 1 (commencing with Section 11000) of Part 2. The commissioner has full power to…
    • § 10073 The commissioner shall employ deputies, clerks, and employees as needed to discharge in the proper manner the duties imposed upon the commissioner by law.
    • § 10073.5 (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related…
    • § 10074 After qualifying as such neither the commissioner nor any of the deputies, clerks, or employees of the department shall be interested in any mineral, oil, or…
    • § 10075 Deputies, clerks and employees shall perform such duties as the commissioner shall assign to them. Subject to the powers of the State Personnel Board and the…
    • § 10076 Each deputy shall, after his appointment, take and subscribe to the constitutional oath of office and file the same in the office of the Secretary of State.…
    • § 10077 The commissioner shall have his principal office in the City of Sacramento, and may establish branch offices in the City and County of San Francisco, the City…
    • § 10078 (a) The commissioner shall adopt a seal with the words “Real Estate Commissioner State of California” and any other device as the commissioner may desire…
    • § 10079 (a) The Attorney General shall render to the commissioner opinions upon all questions of law relating to the construction or interpretation of this part or…
    • § 10080 The commissioner may adopt, amend, or repeal rules and regulations that are reasonably necessary for the enforcement of the provisions of this part and of…
    • § 10080.5 In the event the commissioner employs the services of an agency engaged in the business of furnishing credit reports, such agency shall have been engaged in…
    • § 10080.9 (a) If, upon inspection, examination, or investigation, the commissioner has cause to believe that a person who does not possess a real estate license is…
    • § 10081 (a) Whenever the commissioner believes from evidence satisfactory to him that any person has violated or is about to violate any of the provisions of this part…
    • § 10081.5 Whenever the commissioner believes from evidence satisfactory to him or her that any real estate licensee has violated or is about to violate, the provisions…
    • § 10082 The commissioner may publish or cause to be published at appropriate intervals a directory or list of licensed brokers and salespersons and may publish…
    • § 10083 The commissioner may periodically issue a bulletin containing matter relating to the department, and to the provisions of this part and of Chapter 1…
    • § 10083.2 (a) (1) The commissioner shall provide information on the internet regarding the status of every license issued by the department in accordance with the…
    • § 10084 The commissioner may prepare a pamphlet or brochure dealing with disclosures of information in residential real estate transactions. The costs of preparation…
    • § 10084.1 (a) Notwithstanding Section 10450.6, on or before January 1, 1991, the department, using funds appropriated from the Education and Research Account in the Real…
    • § 10084.2 (a) As existing resources permit, or as private resources are made available, the Homeowners’ Guide to Environmental Hazards prepared pursuant to Section…
    • § 10085 The commissioner may require that any or all materials used in obtaining advance fee agreements, including but not limited to the contract forms, letters or…
    • § 10085.5 (a) It shall be unlawful for any person to claim, demand, charge, receive, collect, or contract for an advance fee (1) for soliciting lenders on behalf of…
    • § 10085.6 (a) Notwithstanding any other provision of law, it shall be unlawful for any licensee who negotiates, attempts to negotiate, arranges, attempts to arrange, or…
    • § 10086 (a) If the commissioner determines through an investigation that (1) a person has engaged or is engaging in an activity which is a violation of a provision of…
    • § 10087 (a) In addition to acting pursuant to the authority provided under Sections 10086, 10176, and 10177, the commissioner may, after appropriate notice and…
    • § 10088 After the filing of a desist and refrain order or a bar order, or the commencement of a formal disciplinary action by the commissioner, and upon a finding by…
  2. ARTICLE 3. Hearings §§ 10100–10106 · 6 sections
    • § 10100 (a) Before suspending or revoking a license or license endorsement issued under the provisions of this part, the department shall proceed as prescribed by…
    • § 10100.2 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…
    • § 10100.4 (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…
    • § 10101 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…
    • § 10103 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…
    • § 10106 (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…