When a California DRE licensed broker or salesperson faces an administrative hearing involving their license (ex. a hearing to determine whether the broker’s license should be revoked or suspended) the California Adiministrative Procudure Act applies.
For example, say a California Real Estate Broker was charge with committing one or more of the following acts:
- Comingling broker trust account funds (California business and professions code section 10176(e))
- Improper use of unlicensed DBA (California business and professions code section 10159.5)
- Failure to apply for branch office license (California business and professions code section 10163)
- Accepting Advance Fees for Loan Modifications (Violation of California SB 94)
- Collecting Advance fees without an approved advance fee agreement (Califonia B&P 10085)
- Failure of broker to properly supervise licensed activity (commissioner regulation 2725)
These are a few of the typical types of violations that we see following a DRE audit or investigation. These types of violations will typically lead to the filing of an accusation. Once a broker or real estate licensee gets served wtih an accusation, if they plan to contest the matter they must file a NOTICE OF DEFENSE. A hearing before the Office of Administrative Hearings (OAH) is set. During this phase of waiting for the hearing date, the licensee may seek to obtain a copy of the DRE file, and seek to negotiate a stipulated settlement with the DRE attorney handline the matter.
This article talks about some of the key procedures of the Administrative Procedures Act that impact the dealings between the broker or salesperson (or their DRE Defense lawyer) and the representative for the Department of Real Estate (DRE). Here are a few provisions to be aware of if you are in this setting.
I. NOTICE OF DEFENSE
§ 11506. Filing of notice of defense; Contents; Right to hearing on the merits
(a) Within 15 days after service of the accusation the respondent may file with the agency
a notice of defense in which the respondent may:
(1) Request a hearing.
(2) Object to the accusation upon the ground that it does not state acts or omissions upon
which the agency may proceed.
(3) Object to the form of the accusation on the ground that it is so indefinite or uncertain
that the respondent cannot identify the transaction or prepare a defense.
(4) Admit the accusation in whole or in part.
(5) Present new matter by way of defense.
(6) Object to the accusation upon the ground that, under the circumstances, compliance
with the requirements of a regulation would result in a material violation of another
regulation enacted by another department affecting substantive rights.
(b) Within the time specified respondent may file one or more notices of defense upon any
or all of these grounds but all of these notices shall be filed within that period unless the
agency in its discretion authorizes the filing of a later notice.
(c) The respondent shall be entitled to a hearing on the merits if the respondent files a
notice of defense, and the notice shall be deemed a specific denial of all parts of the
accusation not expressly admitted. Failure to file a notice of defense shall constitute a
waiver of respondent’s right to a hearing, but the agency in its discretion may nevertheless
grant a hearing. Unless objection is taken as provided in paragraph (3) of subdivision (a), all
objections to the form of the accusation shall be deemed waived.
(d) The notice of defense shall be in writing signed by or on behalf of the respondent and
shall state the respondent’s mailing address. It need not be verified or follow any particular
form.
(e) As used in this section, “file,” “files,” “filed,” or “filing” means “delivered or mailed” to
the agency as provided in Section 11505.
II. RIGHT TO DISCOVERY
In order to find out the strenghts and weakness of the case the DRE and the licensee typically engage in discovery. The APA permits this. HERE ARE SOME OF THE DISCOVERY PROVISIONS:
§ 11507.6. Request for discovery
After initiation of a proceeding in which a respondent or other party is entitled to a hearing
on the merits, a party, upon written request made to another party, prior to the hearing and
within 30 days after service by the agency of the initial pleading or within 15 days after the
service of an additional pleading, is entitled to (1) obtain the names and addresses of
witnesses to the extent known to the other party, including, but not limited to, those intended
to be called to testify at the hearing, and (2) inspect and make a copy of any of the following
in the possession or custody or under the control of the other party:
(a) A statement of a person, other than the respondent, named in the initial administrative
pleading, or in any additional pleading, when it is claimed that the act or omission of the
respondent as to this person is the basis for the administrative proceeding;
(b) A statement pertaining to the subject matter of the proceeding made by any party to
another party or person;
(c) Statements of witnesses then proposed to be called by the party and of other persons
having personal knowledge of the acts, omissions or events which are the basis for the
proceeding, not included in (a) or (b) above;
(d) All writings, including, but not limited to, reports of mental, physical and blood
examinations and things which the party then proposes to offer in evidence;
(e) Any other writing or thing which is relevant and which would be admissible in
evidence;
(f) Investigative reports made by or on behalf of the agency or other party pertaining to the
subject matter of the proceeding, to the extent that these reports (1) contain the names and
addresses of witnesses or of persons having personal knowledge of the acts, omissions or
events which are the basis for the proceeding, or (2) reflect matters perceived by the
investigator in the course of his or her investigation, or (3) contain or include by attachment
any statement or writing described in (a) to (e), inclusive, or summary thereof.
For the purpose of this section, “statements” include written statements by the person
signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or
other recordings, or transcripts thereof, of oral statements by the person, and written reports
or summaries of these oral statements.
Nothing in this section shall authorize the inspection or copying of any writing or thing which
is privileged from disclosure by law or otherwise made confidential or protected as the
attorney’s work product.
§ 11511. Depositions
On verified petition of any party, an administrative law judge or, if an administrative law
judge has not been appointed, an agency may order that the testimony of any material
witness residing within or without the state be taken by deposition in the manner prescribed
by law for depositions in civil actions under Title 4 (commencing with Section 2016.010) of
Part 4 of the Code of Civil Procedure. The petition shall set forth the nature of the pending
proceeding; the name and address of the witness whose testimony is desired; a showing of
the materiality of the testimony; a showing that the witness will be unable or cannot be
compelled to attend; and shall request an order requiring the witness to appear and testify
before an officer named in the petition for that purpose. The petitioner shall serve notice of
hearing and a copy of the petition on the other parties at least 10 days before the hearing.
Where the witness resides outside the state and where the administrative law judge or
agency has ordered the taking of the testimony by deposition, the agency shall obtain an
order of court to that effect by filing a petition therefor in the superior court in Sacramento
County. The proceedings thereon shall be in accordance with the provisions of Section
11189.
SUBPOENAS – California Code of Civil Procedure
Code of Civil Procedure
§ 1985. Subpoena; Issuance; Affidavit
(a) The process by which the attendance of a witness is required is the subpoena. It is a
writ or order directed to a person and requiring the person’s attendance at a particular time
and place to testify as a witness. It may also require a witness to bring any books,
documents, or other things under the witness’s control which the witness is bound by law to
produce in evidence. When a county recorder is using the microfilm system for recording,
and a witness is subpoenaed to present a record, the witness shall be deemed to have
complied with the subpoena if the witness produces a certified copy thereof.
(b) A copy of an affidavit shall be served with a subpoena duces tecum issued before trial,
showing good cause for the production of the matters and things described in the
subpoena, specifying the exact matters or things desired to be produced, setting forth in full
detail the materiality thereof to the issues involved in the case, and stating that the witness
has the desired matters or things in his or her possession or under his or her control.
(c) The clerk, or a judge, shall issue a subpoena or subpoena duces tecum signed and
sealed but otherwise in blank to a party requesting it, who shall fill it in before service. An
attorney at law who is the attorney of record in an action or proceeding, may sign and issue
a subpoena to require attendance before the court in which the action or proceeding is
pending or at the trial of an issue therein, or upon the taking of a deposition in an action or
proceeding pending therein; the subpoena in such a case need not be sealed. An attorney
at law who is the attorney of record in an action or proceeding, may sign and issue a
subpoena duces tecum to require production of the matters or things described in the
subpoena.
§ 1985.2. Subpoena requiring attendance of witness; Notice
Any person who is subpoenaed to appear at a session of court, or at the trial of an issue
therein, may, in lieu of appearance at the time specified in the subpoena, agree with the
party at whose request the subpoena was issued to appear at another time or upon such
notice as may be agreed upon. Any failure to appear pursuant to such agreement may be
punished as a contempt by the court issuing the subpoena. The facts establishing or
disproving such agreement and the failure to appear may be proved by an affidavit of any
person having personal knowledge of the facts.
§ 1985.3. Subpoena duces tecum for production of personal records; Definitions;
Application of section
(a) For purposes of this section, the following definitions apply:
(1) “Personal records” means the original, any copy of books, documents, other writings,
or electronic data pertaining to a consumer and which are maintained by any “witness”
which is a physician, dentist, ophthalmologist, optometrist, chiropractor, physical therapist,
acupuncturist, podiatrist, veterinarian, veterinary hospital, veterinary clinic, pharmacist,
pharmacy, hospital, medical center, clinic, radiology or MRI center, clinical or diagnostic
laboratory, state or national bank, state or federal association (as defined in Section 5102 of
the Financial Code), state or federal credit union, trust company, anyone authorized by this
state to make or arrange loans that are secured by real property, security brokerage firm,
insurance company, title insurance company, underwritten title company, escrow agent
licensed pursuant to Division 6 (commencing with Section 17000) of the Financial Code or
exempt from licensure pursuant to Section 17006 of the Financial Code, attorney,
accountant, institution of the Farm Credit System, as specified in Section 2002 of Title 12 of
the United States Code, or telephone corporation which is a public utility, as defined in
Section 216 of the Public Utilities Code, or psychotherapist, as defined in Section 1010 of
the Evidence Code, or a private or public preschool, elementary school, secondary school,
or postsecondary school as described in Section 76244 of the Education Code.
(2) “Consumer” means any individual, partnership of five or fewer persons, association, or
trust which has transacted business with, or has used the services of, the witness or for
whom the witness has acted as agent or fiduciary.
(3) “Subpoenaing party” means the person or persons causing a subpoena duces tecum
to be issued or served in connection with any civil action or proceeding pursuant to this
code, but shall not include the state or local agencies described in Section 7465 of the
Government Code, or any entity provided for under Article VI of the California Constitution
in any proceeding maintained before an adjudicative body of that entity pursuant to Chapter
4 (commencing with Section 6000) of Division 3 of the Business and Professions Code.
(4) “Deposition officer” means a person who meets the qualifications specified in Section
2020.420.
(b) Prior to the date called for in the subpoena duces tecum for the production of personal
records, the subpoenaing party shall serve or cause to be served on the consumer whose
records are being sought a copy of the subpoena duces tecum, of the affidavit supporting
the issuance of the subpoena, if any, and of the notice described in subdivision (e), and
proof of service as indicated in paragraph (1) of subdivision (c). This service shall be made
as follows:
(1) To the consumer personally, or at his or her last known address, or in accordance with
Chapter 5 (commencing with Section 1010) of Title 14 of Part 3, or, if he or she is a party, to
his or her attorney of record. If the consumer is a minor, service shall be made on the
minor’s parent, guardian, conservator, or similar fiduciary, or if one of them cannot be
located with reasonable diligence, then service shall be made on any person having the
care or control of the minor or with whom the minor resides or by whom the minor is
employed, and on the minor if the minor is at least 12 years of age.
(2) Not less than 10 days prior to the date for production specified in the subpoena duces
tecum, plus the additional time provided by Section 1013 if service is by mail.
(3) At least five days prior to service upon the custodian of the records, plus the additional
time provided by Section 1013 if service is by mail.
(c) Prior to the production of the records, the subpoenaing party shall do either of the
following:
(1) Serve or cause to be served upon the witness a proof of personal service or of service
by mail attesting to compliance with subdivision (b).
(2) Furnish the witness a written authorization to release the records signed by the
consumer or by his or her attorney of record. The witness may presume that any attorney
purporting to sign the authorization on behalf of the consumer acted with the consent of the
consumer, and that any objection to release of records is waived.
(d) A subpoena duces tecum for the production of personal records shall be served in
sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to
locate and produce the records or copies thereof.
(e) Every copy of the subpoena duces tecum and affidavit, if any, served on a consumer
or his or her attorney in accordance with subdivision (b) shall be accompanied by a notice,
in a typeface designed to call attention to the notice, indicating that (1) records about the
consumer are being sought from the witness named on the subpoena; (2) if the consumer
objects to the witness furnishing the records to the party seeking the records, the consumer
must file papers with the court or serve a written objection as provided in subdivision (g)
prior to the date specified for production on the subpoena; and (3) if the party who is
seeking the records will not agree in writing to cancel or limit the subpoena, an attorney
should be consulted about the consumer’s interest in protecting his or her rights of privacy.
If a notice of taking of deposition is also served, that other notice may be set forth in a single
document with the notice required by this subdivision.
(f) A subpoena duces tecum for personal records maintained by a telephone corporation
which is a public utility, as defined in Section 216 of the Public Utilities Code, shall not be
valid or effective unless it includes a consent to release, signed by the consumer whose
records are requested, as required by Section 2891 of the Public Utilities Code.
(g) Any consumer whose personal records are sought by a subpoena duces tecum and
who is a party to the civil action in which this subpoena duces tecum is served may, prior to
the date for production, bring a motion under Section 1987.1 to quash or modify the
subpoena duces tecum. Notice of the bringing of that motion shall be given to the witness
and deposition officer at least five days prior to production. The failure to provide notice to
the deposition officer shall not invalidate the motion to quash or modify the subpoena duces
tecum but may be raised by the deposition officer as an affirmative defense in any action for
liability for improper release of records.
Any other consumer or nonparty whose personal records are sought by a subpoena
duces tecum may, prior to the date of production, serve on the subpoenaing party the
witness, and the deposition officer, a written objection that cites the specific grounds on
which production of the personal records should be prohibited.
No witness or deposition officer shall be required to produce personal records after receipt
of notice that the motion has been brought by consumer, or after receipt of a written
objection from a nonparty consumer, except upon order of the court in which the action is
pending or by agreement of the parties, witnesses, and consumers affected.
The party requesting a consumer’s personal records may bring a motion under Section
1987.1 to enforce the subpoena within 20 days of service of the written objection. The
motion shall be accompanied by a declaration showing a reasonable and good faith attempt
at informal resolution of the dispute between the party requesting the personal records and
the consumer or the consumer’s attorney.
(h) Upon good cause shown and provided that the rights of witnesses and consumers are
preserved, a subpoenaing party shall be entitled to obtain an order shortening the time for
service of a subpoena duces tecum or waiving the requirements of subdivision (b) where
due diligence by the subpoenaing party has been shown.
(i) Nothing contained in this section shall be construed to apply to any subpoena duces
tecum which does not request the records of any particular consumer or consumers and
which requires a custodian of records to delete all information which would in any way
identify any consumer whose records are to be produced.
(j) This section shall not apply to proceedings conducted under Division 1 (commencing
with Section 50), Division 4 (commencing with Section 3200), Division 4.5 (commencing
with Section 6100), or Division 4.7 (commencing with Section 6200) of the Labor Code.
(k) Failure to comply with this section shall be sufficient basis for the witness to refuse to
produce the personal records sought by a subpoena duces tecum.
(l) If the subpoenaing party is the consumer, and the consumer is the only subject of the
subpoenaed records, notice to the consumer, and delivery of the other documents specified
in subdivision (b) to the consumer, is not required under this section.
§ 1985.1. Agreement to appear at time not specified in subpoena
Any person who is subpoenaed to appear at a session of court, or at the trial of an issue
therein, may, in lieu of appearance at the time specified in the subpoena, agree with the
party at whose request the subpoena was issued to appear at another time or upon such
notice as may be agreed upon. Any failure to appear pursuant to such agreement may be
punished as a contempt by the court issuing the subpoena. The facts establishing or
disproving such agreement and the failure to appear may be proved by an affidavit of any
person having personal knowledge of the facts.
§ 1024. Subpoenas; Motion for a Protective Order
(a) Subpoena forms are available from OAH. Subpoenas may also be issued pursuant to
section 11450.20(a).
(b) A Motion pursuant to section 11450.30 for a protective order, including a Motion to
quash, shall be made in compliance with Regulation 1022. The Motion shall be made within
a reasonable period after receipt of the subpoena. The person bringing the Motion shall
Serve copies of the Motion on all parties and persons who are required by law to receive
notice of the subpoena.
III. MOTIONS FOR CONTINUANCE OF THE HEARING MAY BE FILED WITH GOOD CAUSE
§ 1020. Motion for Continuance of Hearing
(a) A Case filed with OAH is assigned to the Presiding Judge until reassigned to another
ALJ.
(b) A Motion to continue a Hearing shall be in writing, directed to the Presiding Judge, and
Served on all other parties.
(c) Before filing the Motion, the moving party shall make reasonable efforts to confer with
all other parties to determine whether any party opposes the Motion and to obtain future
dates when all parties are unavailable for Hearing over the next six months and at least
three alternative preferred future Hearing dates.
(d) The Motion shall include all facts which support a showing of good cause to continue
the Hearing, as well as:
(1) the Case name, and OAH Case number;
(2) the date, time and place of the Hearing;
(3) the address and daytime telephone number of the moving party;
(4) the name, address and telephone number of all other parties;
(5) a list of all previous Motions to continue the Hearing and the dispositions thereof;
(6) whether or not any party opposes the Motion;
(7) any future dates when the parties are unavailable for Hearing over the next six months
and any preferred future Hearing dates obtained pursuant to paragraph (c);
(8) if the moving party has not included all of the information required pursuant to this
paragraph (d), the reasons why it is not included;
(9) a reference to any legal or other requirement to set the Hearing within a certain period
of time, and whether or not the parties have waived the requirement.
(e) If the Motion is not timely pursuant to section 11524(b) or other applicable law, the
Motion shall include all facts justifying the lack of timeliness.
(f) The Motion may include a proposed order granting the continuance.
(g) Any party may request a written order from OAH reflecting the disposition of the
Motion.
IV. EVIDENCE AT THE HEARING ON ACCUSATION
Evidence at DRE hearing – informal evidence rules apply, including hearsay evidence.
§ 11513. Evidence
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to call and examine witnesses, to introduce
exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even
though that matter was not covered in the direct examination; to impeach any witness
regardless of which party first called him or her to testify; and to rebut the evidence against
him or her. If respondent does not testify in his or her own behalf he or she may be called
and examined as if under cross-examination.
(c) The hearing need not be conducted according to technical rules relating to evidence
and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it
is the sort of evidence on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law or statutory rule which
might make improper the admission of the evidence over objection in civil actions.
(d) Hearsay evidence may be used for the purpose of supplementing or explaining other
evidence but over timely objection shall not be sufficient in itself to support a finding unless
it would be admissible over objection in civil actions. An objection is timely if made before
submission of the case or on reconsideration.
(e) The rules of privilege shall be effective to the extent that they are otherwise required
by statute to be recognized at the hearing.
(f) The presiding officer has discretion to exclude evidence if its probative value is
substantially outweighed by the probability that its admission will necessitate undue
consumption of time.
A. USE OF AFFIDAVITS AT THE HEARING ON THE ACCUSATION IS OKAY.
§ 11514. Affidavits
(a) At any time 10 or more days prior to a hearing or a continued hearing, any party may
mail or deliver to the opposing party a copy of any affidavit which he proposes to introduce
in evidence, together with a notice as provided in subdivision (b). Unless the opposing
party, within seven days after such mailing or delivery, mails or delivers to the proponent a
request to cross-examine an affiant, his right to cross-examine such affiant is waived and
the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had
testified orally. If an opportunity to cross-examine an affiant is not afforded after request
therefor is made as herein provided, the affidavit may be introduced in evidence, but shall
be given only the same effect as other hearsay evidence.
(b) The notice referred to in subdivision (a) shall be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence
at the hearing in (here insert title of proceeding). (Here insert name of affiant) will not be
called to testify orally and you will not be entitled to question him unless you notify (here
insert name of proponent or his attorney) at (here insert address) that you wish to crossexamine
him. To be effective your request must be mailed or delivered to (here insert name
of proponent or his attorney) on or before (here insert a date seven days after the date of
mailing or delivering the affidavit to the opposing party).
B. THE ADMINISTRATIVE LAW JUDGE CAN BE ASKED TO TAKE “OFFICIAL NOTICE” OF CERTAIN MATTERS
§ 11515. Official notice
In reaching a decision official notice may be taken, either before or after submission of the
case for decision, of any generally accepted technical or scientific matter within the
agency’s special field, and of any fact which may be judicially noticed by the courts of this
State. Parties present at the hearing shall be informed of the matters to be noticed, and
those matters shall be noted in the record, referred to therein, or appended thereto. Any
such party shall be given a reasonable opportunity on request to refute the officially noticed
matters by evidence or by written or oral presentation of authority, the manner of such
refutation to be determined by the agency.
V. POTENTIAL OUTCOMES OF OAH HEARING ON DRE ACCUSATION
A. After decision of ALJ agency has 100 days to decide what to do:
(2) Within 100 days of receipt by the agency of the administrative law judge’s proposed
decision, the agency may act as prescribed in subparagraphs (A) to (E), inclusive. If the
agency fails to act as prescribed in subparagraphs (A) to (E), inclusive, within 100 days of
receipt of the proposed decision, the proposed decision shall be deemed adopted by the
agency. The agency may do any of the following:
(A) Adopt the proposed decision in its entirety.
(B) Reduce or otherwise mitigate the proposed penalty and adopt the balance of the
proposed decision.
(C) Make technical or other minor changes in the proposed decision and adopt it as the
decision. Action by the agency under this paragraph is limited to a clarifying change or a
change of a similar nature that does not affect the factual or legal basis of the proposed
decision.
(D) Reject the proposed decision and refer the case to the same administrative law judge
if reasonably available, otherwise to another administrative law judge, to take additional
evidence. If the case is referred to an administrative law judge pursuant to this
subparagraph, he or she shall prepare a revised proposed decision, as provided in
paragraph (1), based upon the additional evidence and the transcript and other papers that
are part of the record of the prior hearing. A copy of the revised proposed decision shall be
furnished to each party and his or her attorney as prescribed in this subdivision.
(E) Reject the proposed decision, and decide the case upon the record, including the
transcript, or upon an agreed statement of the parties, with or without taking additional
evidence. By stipulation of the parties, the agency may decide the case upon the record
without including the transcript. If the agency acts pursuant to this subparagraph, all of the
following provisions apply:
(i) A copy of the record shall be made available to the parties. The agency may require
payment of fees covering direct costs of making the copy.
(ii) The agency itself shall not decide any case provided for in this subdivision without
affording the parties the opportunity to present either oral or written argument before the
agency itself. If additional oral evidence is introduced before the agency itself, no agency
member may vote unless the member heard the additional oral evidence.
(iii) The authority of the agency itself to decide the case under this subdivision includes
authority to decide some but not all issues in the case.
(iv) If the agency elects to proceed under this subparagraph, the agency shall issue its
final decision not later than 100 days after rejection of the proposed decision. If the agency
elects to proceed under this subparagraph, and has ordered a transcript of the proceedings
before the administrative law judge, the agency shall issue its final decision not later than
100 days after receipt of the transcript. If the agency finds that a further delay is required by
special circumstance, it shall issue an order delaying the decision for no more than 30 days
and specifying the reasons therefor. The order shall be subject to judicial review pursuant to
Section 11523.
(d) The decision of the agency shall be filed immediately by the agency as a public record
and a copy shall be served by the agency on each party and his or her attorney.
B. Administrative Law Judge can demand you pay restitution (loss of DMV license):
§ 11519.1. Order of restitution for financial loss or damages
(a) A decision rendered against a licensee under Article 1 (commencing with Section
11700) of Chapter 4 of Division 5 of the Vehicle Code may include an order of restitution for
any financial loss or damage found to have been suffered by a person in the case.
(b) The failure to make the restitution in accordance with the terms of the decision is
separate grounds for the Department of Motor Vehicles to refuse to issue a license under
Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 of the Vehicle Code,
and constitutes a violation of the terms of any applicable probationary order in the decision.
(c) Nothing in this section is intended to limit or restrict actions, remedies, or procedures
otherwise available to an aggrieved party pursuant to any other provision of law.
VI. REINSTATEMENT OF DRE LICENSE AFTER ONE YEAR
Reinstatement of License after one year (California Attorney General can weigh in):
§ 11522. Reinstatement of license or reduction of penalty
A person whose license has been revoked or suspended may petition the agency for
reinstatement or reduction of penalty after a period of not less than one year has elapsed
from the effective date of the decision or from the date of the denial of a similar petition. The
agency shall give notice to the Attorney General of the filing of the petition and the Attorney
General and the petitioner shall be afforded an opportunity to present either oral or written
argument before the agency itself. The agency itself shall decide the petition, and the
decision shall include the reasons therefor, and any terms and conditions that the agency
reasonably deems appropriate to impose as a condition of reinstatement. This section shall
not apply if the statutes dealing with the particular agency contain different provisions for
reinstatement or reduction of penalty.
THESE ARE SOME OF THE GENERAL THINGS TO KEEP IN MIND IN REGARD TO A DRE HEARING. AS ALWAYS, CALIFORNIA REAL ESTATE LICENSEES ARE FREE TO REPRESENT THEMSELVES IN THESE HEARINGS, BUT PRUDENCE DICTATES THAT IT MIGHT BE WISE TO HAVE A CALIFORNIA DRE DEFENSE LAWYER REPRESENT YOU.
OUR FIRM ENGAGES IN THESE TYPES OF REPRESENTATIONS AND CAN ASSIST IN DRE AUDITS, HEARINGS, INVESTIGATIONS, DESIST AND REFRAIN LETTERS AND DRE ACCUSATIONS. WE CAN BE REACHED AT (877) 276-5084. THIS IS AN ADVERTISEMENT AND COMMUNICATION PURSUANT TO STATE BAR RULES.
