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 Real Estate, headed by the Real Estate Commissioner. 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. 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 that has been posted on the bureau’s Internetbegin delete Websiteend deletebegin insert
Web siteend insert for at least 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required to prevent a credible risk to members of the public utilizing licensed activity of the licensee. 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 authorize 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.
Vote: majority. Appropriation: yes. 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
P3 1department in accordance with the California Public Records Act
2(Chapter 3.5 (commencing with Section 6250) of Division 7 of
3Title 1 of the Government Code) and the Information Practices
4Act of 1977 (Chapter 1 (commencing with Section 1798) of Title
51.8 of Part 4 of Division 3 of the Civil Code). The public
6information to be provided on the Internet shall include information
7on suspensions and revocations of licenses issued by the
8department and accusations filed pursuant to the Administrative
9Procedure Act (Chapter 3.5 (commencing with Section 11340) of
10Part 1 of Division 3 of Title 2 of the Government Code) relative
11to
persons or businesses subject to licensure or regulation by the
12department. The information shall not include personal information,
13including home telephone number, date of birth, or social security
14number. The commissioner shall disclose a licensee’s address of
15record. However, the commissioner shall allow a licensee to
16provide a post office box number or other alternate address, instead
17of his or her home address, as the address of record. This section
18shall not preclude the commissioner from also requiring a licensee
19who has provided a post office box number or other alternative
20mailing address as his or her address of record to provide a physical
21business address or residence address only for the department’s
22internal administrative use and not for disclosure as the licensee’s
23address of record or disclosure on the Internet.
24(b) For
purposes of this section, “Internet” has the meaning set
25forth in paragraph (6) of subdivision (f) of Section 17538.
26(c) Upon petition by a licensee accompanied by a fee sufficient
27to defray costs associated with consideration of a petition, as
28described in Section 10223, the commissioner shall remove from
29the posting of discipline described in subdivisionbegin delete (a),end deletebegin insert (a)end insert an item
30that has been posted on the bureau’s Internet Web site for no less
31than 10 years and for which the licensee provides evidence of
32rehabilitation indicating that the notice is no longer required in
33order to prevent a credible risk to members of the public utilizing
34licensed activity of the licensee.
35(d) The bureau may develop, through regulations, the minimum
36information to be included in a licensee’s petition, including, but
37not limited to, a written justification and evidence of rehabilitation
38pursuant to Section 482.
Section 10223 is added to the Business and Professions
40Code, to read:
(a) The fee for a real estatebegin delete sales personend deletebegin insert salespersonend insert
2 to petition the Bureau of Real Estate for removal of a notice of
3disciplinary action from the bureau’s Internet Web site after the
4passage of no less than 10 years of the action first being noticed
5online shall be the same as that for an unrestricted real estatebegin delete sales begin insert salespersonend insert license as provided in
6personend deletebegin delete paragraph (7) of
7subdivision (b) of
Section 10226.5.end delete
8(b) The fee for a real estate broker to petition the Bureau of Real
9Estate for removal of a notice of disciplinary action from the
10bureau’s Internet Web site after the passage of no less than 10
11years of the action first being noticed online shall be the same as
12that for an unrestricted real estate broker license as provided in
13Section 10210.
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