Section 3721 - Revocation, Suspension, Denial of Licenses or Certificate of Registration(a) The Chief may issue a citation, order of abatement, assess a fine or private or public reproval, suspend or revoke any license or Certificate of Registration, and/or may deny the issuance or renewal of a license or Certificate of Registration of any person or entity acting in a capacity requiring a license or Certificate of Registration who has: (1) Been convicted of a felony or any crime which is substantially related to the qualifications, functions, or duties of the profession of real estate appraisal;(2) Done any act involving dishonesty, fraud or deceit with the intent to benefit himself or another, or to injure another;(3) Been convicted for a commission or solicitation of a criminal act which involved or threatened bodily harm to others;(4) Done any act which if done by the holder of a license to practice real estate appraisal would be grounds for revocation or suspension of such license;(5) Knowingly made a false statement of material fact required to be disclosed in an application for a license authorizing the practice of real estate appraisal or Certificate of Registration;(6) Violated any provision of USPAP;(7) Violated any provision of the Real Estate Appraisers' Licensing and Certification Law, Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code, or regulations promulgated pursuant thereto; or any provision of the Business and Professions Code applicable to applicants for or holders of licenses or Certificate of Registration;(8) Been prohibited from participating in the affairs of an insured depository institution pursuant to Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. Section 1829.); or(9) Submitted a financial instrument to BREA for the payment of any fee, fine or penalty which instrument is subsequently dishonored by the issuing institution due to an act or omission of that person.(b) Before issuing any private or public reproval or denying, suspending, or revoking any license or Certificate of Registration issued or issuable under the provisions of the Real Estate Appraisers Licensing and Certification Law or these regulations, the Bureau shall proceed as prescribed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code (the Administrative Procedure Act) and the Bureau shall have all the powers granted therein.(c) Any person or entity issued a citation containing a fine or order of abatement may contest the citation by filing a written notice with the Bureau within 30 calendar days that states with specificity the basis of the appeal. Upon receipt of such notice, the Bureau shall proceed as prescribed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code (the Administrative Procedure Act) and the Bureau shall have all the powers granted therein.Cal. Code Regs. Tit. 10, § 3721
1. Renumbering and amendment of section heading and former section 3550 to new section 3721 filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44). For prior history, see Register 94, No. 23.
2. Amendment of subsection (a)(9) filed 11-5-98; operative 12-5-98 (Register 98, No. 45).
3. Amendment of section heading, subsections (a) and (b) and NOTE filed 1-21-2010 as an emergency; operative 1-21-2010 (Register 2010, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-20-2010 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading, subsections (a) and (b) and NOTE refiled 7-21-2010 as an emergency; operative 7-21-2010 (Register 2010, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-19-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, subsections (a) and (b) and NOTE refiled 10-18-2010 as an emergency; operative 10-18-2010 (Register 2010, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-18-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No. 5).
7. Change without regulatory effect amending subsections (a) and (a)(9)-(c) filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).
8. Amendment of subsections (a)(5), (a)(7) and (c) and amendment of NOTE filed 2-20-2019; operative 4-1-2019 (Register 2019, No. 8). Note: Authority cited: Sections 11313 and 11314, Business and Professions Code. Reference: Sections 480, 490, 11315, 11315.1, 11315.5, 11320 and 11321, Business and Professions Code.
1. Renumbering and amendment of section heading and former section 3550 to new section 3721 filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44). For prior history, see Register 94, No. 23.
2. Amendment of subsection (a)(9) filed 11-5-98; operative 12-5-98 (Register 98, No. 45).
3. Amendment of section heading, subsections (a) and (b) and Note filed 1-21-2010 as an emergency; operative 1-21-2010 (Register 2010, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-20-2010 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading, subsections (a) and (b) and Note refiled 7-21-2010 as an emergency; operative 7-21-2010 (Register 2010, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-19-2010 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, subsections (a) and (b) and Note refiled 10-18-2010 as an emergency; operative 10-18-2010 (Register 2010, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-18-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No. 5).
7. Change without regulatory effect amending subsections (a) and (a)(9)-(c) filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).
8. Amendment of subsections (a)(5), (a)(7) and (c) and amendment of Note filed 2-20-2019; operative 4/1/2019 (Register 2019, No. 8).