(a)
The director may issue to a licensee, applicant for licensure, person who acts in a capacity that requires a license under this part, course provider, applicant for course provider accreditation, or a person who, or entity that, acts in a capacity that requires course provider accreditation, a citation that may contain an order to pay an administrative fine assessed by the office if the person or entity is in violation of this part or any regulations adopted to carry out its purposes.
(b)
A citation shall be written and describe with particularity the nature of the violation, including a specific reference to the provision of law determined to have been violated.
(c)
If appropriate, the citation may contain an order of abatement fixing a reasonable time for abatement of the violation.
(d)
(1)If appropriate, the citation may contain an order to enroll in and successfully complete additional basic or continuing education courses.
(2)
When a citation imposes an education course or courses, the completion of the course or courses by the licensee shall be subject to the following conditions:
(A)
The citation imposing the education requirement may specify the specific course content, the number of hours to be completed, the date by which the course is to be completed, and the method by which satisfaction of the order is to be reported to the office.
(B)
An education course imposed by citation may not be credited towards the licensee’s continuing education requirements pursuant to Section 11360.
(C)
Only courses accredited by the office shall be accepted for purposes of fulfilling education imposed by citation.
(D)
Any failure to satisfactorily complete or timely report an education course to the office by the date specified in the citation shall result in the automatic suspension of the licensee’s real estate appraiser license as of that date. A license shall not be renewed prior to the satisfactory completion of an education course specified in the citation, unless the citation provides for a completion date that is subsequent to the license renewal date.
(E)
Reinstatement of a license suspended
pursuant to subparagraph (D) shall be made only if all of the following events occur:
(i)
Satisfactory verification of the completion of the education course or courses imposed by the citation.
(ii)
Completion and filing of a reinstatement application.
(iii)Payment of all applicable fees, fines, or penalties.
(e)
In no event shall an administrative fine assessed by the office by citation or order exceed ten thousand dollars ($10,000) per violation. In assessing a fine, the office shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the person who committed the violation, and the history of previous violations.
(f)
A citation or fine assessment issued pursuant to a citation shall inform the person cited that, if he or she desires a hearing to contest the finding of a violation, he or she must request a hearing by written notice to the office within 30 days of the date of issuance of the citation or assessment. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The citation or fine assessment shall also inform the person cited that failure to respond to the citation or fine assessment shall result in any order or administrative fine imposed becoming final, and that any order or administrative fine shall constitute an enforceable civil judgment in addition to any other penalty or remedy available pursuant to law.
(g)
(1)If a licensee, applicant for licensure, person who acts in a
capacity that requires a license under this part, course provider, applicant for course provider accreditation, or a person who, or entity that, acts in a capacity that requires course provider accreditation fails to pay a fine, penalty, or required installment payment on the fine or penalty by the date when it is due, the director shall charge him or her interest and a penalty of 10 percent of the fine or installment payment amount. Interest shall be charged at the pooled money investment rate.
(2)
Failure of a licensee, applicant for licensure, person who acts in a capacity that requires a license under this part, course provider, applicant for course provider accreditation, or a person who, or entity that, acts in a capacity that requires course provider accreditation to pay a fine or required installment payment on the fine within 30 days of the date ordered in the citation, unless the citation is being appealed, shall be cause for
additional disciplinary action by the office.
(3)
If a citation is not contested and a fine or fine payment is not paid within 30 days of the date ordered in the citation or other order of the director, the full amount of the unpaid balance of the assessed fine shall be added to any fee for renewal of a license. A license shall not be renewed prior to payment of the renewal fee and fine.
(4)
The director may order the full amount of any fine to be immediately due and payable if any payment due on a fine is not received by the office within 30 days of its due date.
(5)
Any fine, or interest thereon, not paid within 30 days of a final citation or order shall constitute a valid and enforceable civil judgment.
(6)
A certified copy of the final order, or the
citation with certification by the office that no request for hearing was received within 30 days of the date of issuance of the citation, shall be conclusive proof of the civil judgment, its terms, and its validity.
(h)
A citation may be issued without the assessment of an administrative fine.
(i)
Any administrative fine or penalty imposed pursuant to this section shall be in addition to any other criminal or civil penalty provided for by law.
(j)
Administrative fines collected pursuant to this section shall be deposited in the Real Estate Appraisers Regulation Fund.