California Code of Regulations
Title 10 - Investment
Chapter 6.5 - Bureau of Real Estate Appraisers
Article 12 - Discipline
Section 3728 - Confidential Report of Investigation
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Each complaint shall result in a confidential investigative report showing a summary of the acts and/or omissions alleged, and a summary of the supporting evidence together with a recommendation for appropriate enforcement action, if any.
(b) Where the confidential investigation report shows that the allegations are supported by credible evidence that a violation of law or regulations has occurred and that the applicant, licensed appraiser, Registrant or person or entity acting in a capacity requiring a license or Certificate of Registration has committed the violation, and that the violation is substantially related to the qualifications, duties, or functions of an appraiser, the Bureau shall issue a citation and/or order of abatement, or shall file an accusation or statement of issues against the applicant, licensed appraiser, Registrant or person or entity acting in a capacity requiring a license or Certificate of Registration.
(c) Where the confidential investigative report shows that the allegations, even if true, do not constitute a violation of the law or regulations, that the allegations are not supported by sufficient credible evidence, or that the facts show a complete defense or legal justification, the investigation shall be closed.
(d) Notwithstanding any other provision of this chapter, the Chief may release information concerning confidential investigations and complaints to a law enforcement agency or to another regulatory agency to which the appraiser or Registrant has applied for licensure.
1. Renumbering and
amendment of former section 3555 to new section 3728 filed 11-1-96; operative
11-1-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 44). For prior history, see Register 94, No. 26.
2.
Amendment of subsections (b) and (d) filed 1-21-2010 as an emergency; operative
1-21-2010 (Register 2010, No. 4). A Certificate of Compliance must be transmitted to
OAL by 7-20-2010 or emergency language will be repealed by operation of law on the
following day.
3. Amendment of subsections (b) and (d) refiled 7-21-2010
as an emergency; operative 7-21-2010 (Register 2010, No. 30). A Certificate of
Compliance must be transmitted to OAL by 10-19-2010 or emergency language will be
repealed by operation of law on the following day.
4. Amendment of
subsections (b) and (d) refiled 10-18-2010 as an emergency; operative 10-18-2010
(Register 2010, No. 43). A Certificate of Compliance must be transmitted to OAL by
1-18-2011 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 10-18-2010 order
transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No.
5).
6. Change without regulatory effect amending subsections (b) and (d)
filed 2-11-2014 pursuant to section
100, title 1, California Code of
Regulations (Register 2014, No. 7).
Note: Authority cited: Sections 11314 and 11315, Business and Professions Code. Reference: Sections 480, 490 and 11320, Business and Professions Code.
