AB 429, as introduced, Daly. Real Estate Commissioner: powers.
The Real Estate Law provides for the regulation and licensure of real estate brokers and real estate salespersons by the Real Estate Commissioner. Existing law requires the Attorney General, subject to exception, to act as the attorney for the commissioner in actions and proceedings brought by or against the commissioner under or pursuant to the Real Estate Law or the Subdivided Lands Law, as specified. Existing law authorizes the commission to apply to the superior court, by noticed motion, for an order requiring a real estate licensee who has refused to obey a subpoena issued to the licensee by the commissioner to appear before the commissioner, or other representative, as specified.
This bill would recast these provisions to require the Attorney General to act as the attorney for the commissioner in actions and proceedings brought by or against the commissioner under or pursuant to the Real Estate Law or the Subdivided Lands Law upon request of the commissioner in civil and criminal courts. The bill would authorize the commissioner to prosecute administrative actions and proceedings to enforce the provisions and pursue violations of the Real Estate Law and the Subdivided Lands Law, would require the commissioner to employ attorneys, deputies, and other employees for those purposes, and would require the Attorney General to act as attorney for the commissioner in those instances, upon request of the commissioner. The bill would require the commissioner to act through the commissioner’s attorneys or attorneys employed by the Attorney General in seeking an order to appear for a licensee who has refused to obey a subpoena, as specified, and clarify that the order pertains to compliance with an administrative subpoena.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 10079 of the Business and Professions
2Code is amended to read:
(a) The Attorney General shall render to the
4commissioner opinions upon all questions of law relating to the
5construction or interpretation of this part or Chapter 1 of Part 2 or
6arising in the administration thereof that may be submitted to him
7or her by the commissioner. Except as provided in subdivision (b),
8the Attorney General shall actbegin insert, upon the commissioner’s request,end insert
9 as the attorney for the commissioner in all actions and proceedings
10brought by or against him or herbegin insert in civil or criminal courtsend insert under
11or pursuant to any of the provisions of this part or of Chapter 1 of
12Part 2.
13(b) The commissioner shall commence, prosecute, and resolve
14administrative actions and proceedings to enforce the provisions
15and to pursue violations of the Real Estate Law (Chapter 1
16(commencing with Section 10000) and the Subdivided Lands Law
17(Chapter 1 (commencing with Section 11000) of Part 2), and shall
18employ those attorneys, deputies, and employees as he or she may
19need for the proper handling, prosecution, management, and
20resolution of those administrative actions and proceedings.
21(b)
end delete
22begin insert(c)end insert In the case of
refusal by a licensee to obeybegin delete aend deletebegin insert
an
23administrativeend insert subpoena issued to that licensee, the commissioner
24may, by a noticed motion, applybegin insert through his or her attorneys, or
25attorneys employed by the Attorney General,end insert to the superior court
26for, and the superior court may issue to the licensee, an order
27requiring the licensee to appear before the commissioner, or the
28representative designated by the commissioner, to produce
29documentary evidence, if so ordered, or to give evidence touching
P3 1the matter under investigation or in question. Failure of the licensee
2to obey the order of the court may be punished by the court as a
3contempt.
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