Cal. Code Regs. Tit. 10, § 2907.2 - Citation - Applicability of Citation and Amount of Administrative Fine

Current through Register 2021 Notice, Register No. 40, October 1, 2021

(a) When determining whether to apply the citation and fine process in lieu of a formal accusation, and in determining the amount of the fine assessed, the Commissioner shall take into consideration the following:
(1) The gravity of the violation or violations;
(2) Actual injury or risk of potential harm to consumers as a result of the violation;
(3) Whether the investigation and/or citation addresses multiple violations;
(4) Nature and extent of the person's or entity's history of violations of the Real Estate Law or Subdivided Lands Law and/or prior disciplinary action by the Bureau;
(5) The extent to which the person or entity has exhibited good faith;
(6) Degree of cooperation with the Bureau's investigation;
(7) Attempts to mitigate any loss, damage, or harm caused by the violation;
(8) Other facts relevant to the violation that present good cause for aggravation or mitigation of a penalty.
(b) Where the person cited holds a real estate license, the total fine assessment in the citation shall not exceed $2,500, even where a citation lists more than one violation. Each of the violations listed will relate to the same Bureau investigation.
(c) Where the person cited is an unlicensed person, a citation may issue for each unlicensed act. Before assessing an administrative fine via citation for a violation of Section 10130, Section 10166.02, or Section 10167.2 of the Business and Professions Code for an activity or activities requiring a license and/or license endorsement, the Commissioner shall give due consideration to the gravity of the violation, including, but not limited to, a consideration of the factors described in subdivision (a), above, and the following factors:
(1) Whether the unlicensed person or entity committed numerous or repeated violations;
(2) Whether the unlicensed person or entity falsely represented that he/she/it was licensed;
(3) Whether the unlicensed person or entity committed any act that would be cause for disciplinary action against a licensee;
(4) Whether the unlicensed person or entity claimed or received compensation for the acts, and the amount of compensation claimed or received;
(5) Whether the unlicensed person or entity was previously issued an Order to Desist and Refrain by the Bureau, or was formerly licensed and/or disciplined as a licensee and reasons why that license is no longer in effect.

Notes

Cal. Code Regs. Tit. 10, § 2907.2

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10080.9,10130, 10166.02 and 10167.2, Business and Professions Code.

1. New section filed 4-21-2014; operative 7-1-2014 (Register 2014, No. 17).

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