AB 1807, as amended, Bonta. Real estate licensees.
The Real Estate Law provides for the licensure and regulation of real estate brokers and real estate salespersons by the Bureau of Realbegin delete Estateend deletebegin insert Estate,end insert headed by the Real Estate Commissioner.begin insert Fees charged and collected under the Real Estate Law, except as otherwise provided, are deposited into the Real Estate Fund and continuously appropriated for use by the commissioner, as specified.end insert Existing law requires the commissioner to provide on the Internet specific information regarding the status of every license issued by the department.
This bill would
require the commissioner, upon petition by a licensee accompanied by a specified fee, to remove from the posting of discipline an item thatbegin delete through passage of timeend deletebegin insert
has been noticed on the bureau’s Internet Website for at least 10 yearsend insert andbegin insert
for which the licensee providesend insert evidence of rehabilitationbegin insert indicating that the noticeend insert is no longer required to prevent a credible risk to members of the public utilizing licensed activity of the licensee.begin insert Because the fees collected pursuant to these provisions would be deposited in the Real Estate Fund, which is continuously appropriated, the bill would make an appropriation. The bill would also require the bureau to develop, through regulations, the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation.end insert
Vote: majority.
Appropriation: begin deleteno end deletebegin insertyesend insert.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares the following:
2(a) It is appropriate for the Bureau of Real Estate to continue
3to report on its license verification Internet Web page when
4discipline has been imposed upon a licensee for conduct that
5indicates a credible risk of financial or physical harm to members
6of the public in the future.
7(b) It is appropriate for the Bureau of Real Estate to consider
8and grant on a case-by-case basis a licensee’s petition to
9discontinue the reporting of past disciplinary actions when the
10petitioning licensee has demonstrated to the satisfaction of the
11Real
Estate Commissioner that the continued reporting is no longer
12required in order to avoid or reduce such a risk to the public.
13(c) The Bureau of Real Estate may require a petitioner to pay
14in advance of consideration a fee to defray costs associated with
15consideration of the petition.
16(d) Nothing in this act shall be construed to authorize or require
17the destruction of public records maintained pursuant to the
18California Public Records Act (Chapter 3.5 (commencing with
19Section 6250) of Division 7 of Title 1 of the Government Code),
20or to refuse a request for production of such a record.
21(e) The Legislature intends by this act to establish a process by
22which a licensee may petition the Bureau of Real Estate to remove
23a
notice of past discipline from the license verification Internet
24Web page of the bureau.
Section 10083.2 of the Business and Professions Code
26 is amended to read:
(a) The commissioner shall provide on the Internet
28information regarding the status of every license issued by the
29department in accordance with the California Public Records Act
30(Chapter 3.5 (commencing with Section 6250) of Division 7 of
31Title 1 of the Government Code) and the Information Practices
P3 1Act of 1977 (Chapter 1 (commencing with Section 1798) of Title
21.8 of Part 4 of Division 3 of the Civil Code). The public
3information to be provided on the Internet shall include information
4on suspensions and revocations of licenses issued by the
5department and accusations filed pursuant to the Administrative
6Procedure Act (Chapter 3.5 (commencing with Section 11340) of
7Part 1 of Division 3 of Title 2 of the Government Code) relative
8to
persons or businesses subject to licensure or regulation by the
9department. The information shall not include personal information,
10including home telephone number, date of birth, or social security
11number. The commissioner shall disclose a licensee’s address of
12record. However, the commissioner shall allow a licensee to
13provide a post office box number or other alternate address, instead
14of his or her home address, as the address of record. This section
15shall not preclude the commissioner from also requiring a licensee
16who has provided a post office box number or other alternative
17mailing address as his or her address of record to provide a physical
18business address or residence address only for the department’s
19internal administrative use and not for disclosure as the licensee’s
20address of record or disclosure on the Internet.
21(b) For
purposes of this section, “Internet” has the meaning set
22forth in paragraph (6) of subdivision (f) of Section 17538.
23(c) Upon petition by a licensee accompanied by a fee sufficient
24to defray costs associated with consideration of a petition, the
25commissioner shall remove from the posting of discipline described
26in subdivision (a), an item thatbegin delete through passage of timeend deletebegin insert has been
27noticed on the bureau’s Internet Web site for no less than 10 yearsend insert
28 andbegin insert for which the licensee providesend insert evidence of rehabilitation
29begin insert indicating that
the noticeend insert is no longer required in order to prevent
30a credible risk to members of the public utilizing licensed activity
31of the licensee.
32
(d) The bureau shall develop, through regulations, the minimum
33information to be included in a licensee’s petition, including, but
34not limited to, a written justification and evidence of rehabilitation
35pursuant to Section 482.
O
97