Licensee: Can the Bureau immediately suspend/revoke the license of someone convicted of a crime when the crime clearly appears to be one which would qualify the licensee for discipline?
As is set forth by the California Bureau of Real Estate, with the exception of automatically suspending a license during the period of incarceration after conviction of a felony, regardless of whether that conviction has been appealed, the Bureau must first file a formal accusation against the licensee which describes the acts/omissions which justify discipline (Government Code Section 11503). The accusation must be served on the licensee who then has the option of defending against the charges in an administrative hearing before an ALJ (Government Section 11505). At the time of the hearing, the Bureau must prove the charges in the accusation by clear and convincing evidence. The only exception to this process is if a licensee holds a “restricted” license. When a licensee who holds a “restricted” license is convicted of a crime that is substantially related to the qualifications, functions, or duties of a real estate agent, the Bureau may issue an interim order, without a hearing, suspending the license rights of a restricted licensee if the terms and conditions of the “restricted’ license are not met.
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