Section 2907.2 - Citation - Applicability of Citation and Amount of Administrative Fine(a) When determining whether to apply the citation and fine process in lieu of a formal accusation, and in determining the amount of the fine assessed, the Commissioner shall take into consideration the following: (1) The gravity of the violation or violations;(2) Actual injury or risk of potential harm to consumers as a result of the violation;(3) Whether the investigation and/or citation addresses multiple violations;(4) Nature and extent of the person's or entity's history of violations of the Real Estate Law or Subdivided Lands Law and/or prior disciplinary action by the Bureau;(5) The extent to which the person or entity has exhibited good faith;(6) Degree of cooperation with the Bureau's investigation;(7) Attempts to mitigate any loss, damage, or harm caused by the violation;(8) Other facts relevant to the violation that present good cause for aggravation or mitigation of a penalty.(b) Where the person cited holds a real estate license, the total fine assessment in the citation shall not exceed $2,500, even where a citation lists more than one violation. Each of the violations listed will relate to the same Bureau investigation.(c) Where the person cited is an unlicensed person, a citation may issue for each unlicensed act. Before assessing an administrative fine via citation for a violation of Section 10130, Section 10166.02, or Section 10167.2 of the Business and Professions Code for an activity or activities requiring a license and/or license endorsement, the Commissioner shall give due consideration to the gravity of the violation, including, but not limited to, a consideration of the factors described in subdivision (a), above, and the following factors: (1) Whether the unlicensed person or entity committed numerous or repeated violations;(2) Whether the unlicensed person or entity falsely represented that he/she/it was licensed;(3) Whether the unlicensed person or entity committed any act that would be cause for disciplinary action against a licensee;(4) Whether the unlicensed person or entity claimed or received compensation for the acts, and the amount of compensation claimed or received;(5) Whether the unlicensed person or entity was previously issued an Order to Desist and Refrain by the Bureau, or was formerly licensed and/or disciplined as a licensee and reasons why that license is no longer in effect.Cal. Code Regs. Tit. 10, § 2907.2
1. New section filed 4-21-2014; operative 7-1-2014 (Register 2014, No. 17). Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10080.9, 10130, 10166.02 and 10167.2, Business and Professions Code.
1. New section filed 4-21-2014; operative 7-1-2014 (Register 2014, No. 17).