Cal. Code Regs. tit. 10 § 3724

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3724 - Citations for Unprofessional Conduct

(a) Where the Chief has verified a notice of acts or omissions by a licensed appraiser, Registrant or person or entity acting in a capacity requiring a license or Certificate of Registration which constitute a violation of statute, regulation or USPAP, he/she may issue a citation in writing which describes with particularity the nature of the violation and including specific reference to the law, regulation or professional practice standard determined to have been violated. The citation may include a notice of abatement fixing a reasonable period of time for abatement of the violation, assessment of private or public reproval, suspension, revocation, restriction of license, fine or any combination of these actions.

(b) Fines shall not exceed $10,000 per incident. In assessing a fine, the Chief shall give due consideration to:

(1) The gravity of the violation;

(2) The good or bad faith of the person cited;

(3) The history of previous violations;

(4) Evidence that the violation was willful;

(5) The extent to which the cited person has cooperated with the Bureau;

(6) The extent to which the cited person has mitigated or attempted to mitigate any loss or potential loss caused by the violation; and

(7) Such other matters as the Chief determines are in the interest of justice.

(c) Citations issued hereunder shall be subject to review as provided in subsection (b) of Section 3721.

Cal. Code Regs. Tit. 10, § 3724

1. Renumbering and amendment of former section 3553 to new section 3724 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) 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 A Certificate of Compliance must be transmitted to OAL by 7-20-2010 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) 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 A Certificate of Compliance must be transmitted to OAL by 10-19-2010 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) 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.
5. Certificate of Compliance as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No. 5).
6. Change without regulatory effect amending subsections (a), (b), (b)(5) and (b)(7) filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).

Note: Authority cited: Sections 11313, 11314, 11315 and 11315.1, Business and Professions Code. Reference: Section 11314, Business and Professions Code.

1. Renumbering and amendment of former section 3553 to new section 3724 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) 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.
3. Amendment of subsection (a) 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.
4. Amendment of subsection (a) 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.
5. Certificate of Compliance as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No. 5).
6. Change without regulatory effect amending subsections (a), (b), (b)(5) and (b)(7) filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).