§ 2907.1. Citation - Order of Correction and Assessment of Fine.

(a) A citation issued pursuant to Business and Professions Code Section 10080.9 will address a violation or violations of the Real Estate Law and Subdivided Lands Law (Division 4 of the Business and Professions Code), and any regulations adopted pursuant to those laws. The Commissioner is authorized to issue a citation containing an order of correction and/or assessing a fine for the violation of the laws referred to above.

(b) A citation may be issued to a person or entity, including partnerships, corporations, or associations, whether licensed or unlicensed by the Bureau.

(c) The citation shall be in writing and shall describe with particularity the nature and facts of the violation, including a reference to the statute or regulation alleged to have been violated.

(d) Service of a citation shall be made in accordance with the provisions of Sections 8311 and 11505(c) of the Government Code. Service of a citation issued under Business and Professions Code Section 10080.9 may be made by certified mail at the address of record of a licensee cited, or to the last known mailing, business, or residence address of an unlicensed person or entity cited.

(e) The time allowed to comply with an order of correction shall be specified in the citation, taking into account the nature of the correction required. Failure to correct the violation shall be grounds for further discipline under Section 10177(d) of the Code.

(f) The cited person or entity may request an extension of the time to comply with the order if the cited person or entity is unable to complete the correction or pay the fine within the time set forth in the citation. The request must be made in writing, within the time set forth for correction or payment of fine, and must set forth extenuating circumstances and good cause warranting the extension. Determination of an extension is within the discretion of the Commissioner.

HISTORY

1. New article 18.3 (sections 2907.1-2907.4) and section filed 4-21-2014; operative 7-1-2014 (Register 2014, No. 17).

Note

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10006, 10080.9 and 10177(d), Business and Professions Code; and Sections 8311 and 11505(c), Government Code.