§ 2963. Effect of Issuance of Order.

An order of debarment is not a form of discipline that substitutes for another type of discipline under the Real Estate Law. Rather, the order of debarment is an additional level of consumer protection. Debarment is imposed against a licensee, disciplined licensee, or unlicensed person where the Department has identified a higher risk to the public and to the real estate industry, necessitating the separation of the debarred individual from all practice and practitioners of real estate, as described in (a) through (e), below.

Upon adoption of an order of debarment, any person who is the subject of the order is, for the period of time stated in the order, prohibited from:

(a) Engaging in any business activity involving real estate that is subject to regulation under Division 4 (Sections 10000 through 11288) of the Business & Professions Code;

(b) Participating in any activity for which a real estate salesperson or a real estate broker license is required;

(c) Engaging in any real estate-related business activity on the premises where a real estate salesperson or real estate broker is conducting business which requires a real estate license;

(d) Participating in any real estate-related business activity of a finance lender, residential mortgage lender, bank, credit union, escrow company, title company, or underwritten title company; and

(e) Holding any position of employment, management, control, or ownership, as a real estate broker, a real estate salesperson, or an unlicensed person, in any business involving any of the activities mentioned in subparagraphs (a) through (d) above.

HISTORY

1. New section filed 9-26-2011; operative 10-26-2011 (Register 2011, No. 39).

Note

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Section 10087, Business and Professions Code.