Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The following language, terms and conditions will be used, as
appropriate, in Proposed Decisions and Decisions of the commissioner in
administrative adjudications conducted pursuant to Sections 11500, et seq. of the
Government Code:
1. Revocation:
All licenses and licensing rights of Respondent __________ under
the Real Estate Law are revoked.
2. Revocation With Right to Restricted
License--Broker:
All licenses and licensing rights of Respondent __________ under
the Real Estate Law are revoked; provided, however, a restricted real estate broker
license shall be issued to Respondent pursuant to Section
10156.5
of the Business and Professions Code if Respondent makes application therefor and
pays to the Bureau of Real Estate the appropriate fee for the restricted license
within 90 days from the effective date of this Decision. The restricted license
issued to Respondent shall be subject to all of the provisions of Section
10156.7
of the Business and Professions Code and to the following limitations, conditions
and restrictions imposed under authority of Section 10156.6 of that Code:
1. The restricted license issued to Respondent may
be suspended prior to hearing by Order of the Real Estate Commissioner in the event
of Respondent's conviction or plea of nolo contendere to a crime which is
substantially related to Respondent's fitness or capacity as a real estate
licensee.
2. The restricted license
issued to Respondent may be suspended prior to hearing by Order of the Real Estate
Commissioner on evidence satisfactory to the Commissioner that Respondent has
violated provisions of the California Real Estate Law, the Subdivided Lands Law,
Regulations of the Real Estate Commissioner or conditions attaching to the
restricted license.
3. Respondent shall
not be eligible to apply for the issuance of an unrestricted real estate license nor
for the removal of any of the conditions, limitations or restrictions of a
restricted license until two years have elapsed from the effective date of this
Decision.
4. Respondent shall, within
nine months from the effective date of this Decision, present evidence satisfactory
to the Real Estate Commissioner that Respondent has, since the most recent issuance
of an original or renewal real estate license, taken and successfully completed the
continuing education requirements of Article 2.5 of Chapter 3 of the Real Estate Law
for renewal of a real estate license. If Respondent fails to satisfy this condition,
the Commissioner may order the suspension of the restricted license until the
Respondent presents such evidence. The Commissioner shall afford Respondent the
opportunity for a hearing pursuant to the Administrative Procedure Act to present
such evidence.
3. Revocation
With Right to Restricted License--Salesperson:
All licenses and licensing rights of Respondent __________ under
the Real Estate Law are revoked; provided, however, a restricted real estate
salesperson license shall be issued to Respondent pursuant to Section
10156.5
of the Business and Professions Code if Respondent makes application therefor and
pays to the Bureau of Real Estate the appropriate fee for the restricted license
within 90 days from the effective date of this Decision. The restricted license
issued to Respondent shall be subject to all of the provisions of Section
10156.7
of the Business and Professions Code and to the following limitations, conditions
and restrictions imposed under authority of Section 10156.6 of that Code:
1. The restricted license issued to Respondent may
be suspended prior to hearing by Order of the Real Estate Commissioner in the event
of Respondent's conviction or plea of nolo contendere to a crime which is
substantially related to Respondent's fitness or capacity as a real estate
licensee.
2. The restricted license
issued to Respondent may be suspended prior to hearing by Order of the Real Estate
Commissioner on evidence satisfactory to the Commissioner that Respondent has
violated provisions of the California Real Estate Law, the Subdivided Lands Law,
Regulations of the Real Estate Commissioner or conditions attaching to the
restricted license.
3. Respondent shall
not be eligible to apply for the issuance of an unrestricted real estate license nor
for the removal of any of the conditions, limitations or restrictions of a
restricted license until two years have elapsed from the effective date of this
Decision.
4. Respondent shall submit
with any application for license under an employing broker, or any application for
transfer to a new employing broker, a statement signed by the prospective employing
real estate broker on a form approved by the Bureau of Real Estate which shall
certify:
(a) That the employing broker has read
the Decision of the Commissioner which granted the right to a restricted license;
and
(b) That the employing broker will
exercise close supervision over the performance by the restricted licensee relating
to activities for which a real estate license is required.
5. Respondent shall, within nine months from the
effective date of this Decision, present evidence satisfactory to the Real Estate
Commissioner that Respondent has, since the most recent issuance of an original or
renewal real estate license, taken and successfully completed the continuing
education requirements of Article 2.5 of Chapter 3 of the Real Estate Law for
renewal of a real estate license. If Respondent fails to satisfy this condition, the
Commissioner may order the suspension of the restricted license until the Respondent
presents such evidence. The Commissioner shall afford Respondent the opportunity for
a hearing pursuant to the Administrative Procedure Act to present such
evidence.
4. Suspension Added
to Revocation With Right to a Restricted License:
Any restricted real estate license issued to Respondent pursuant
to this Decision shall be suspended for ___ days from the date of issuance of said
restricted license.
5.
Professional Responsibility Condition:
Respondent shall, within six months from the effective date of
this Decision, take and pass the Professional Responsibility Examination
administered by the Bureau including the payment of the appropriate examination fee.
If Respondent fails to satisfy this condition, the Commissioner may order suspension
of Respondent's license until Respondent passes the examination.
6. Conditional License Condition--Salesperson
Only--(Accusation):
Respondent's original real estate salesperson license was issued
subject to the provisions of Section
10153.4
of the Business and Professions Code, and the restricted real estate salesperson
license issued to Respondent shall be similarly limited, to wit: Respondent shall,
within eighteen (18) months of the issuance of Respondent's original real estate
salesperson license under the provisions of Section
10153.4
of the Business and Professions Code, submit evidence satisfactory to the
Commissioner of successful completion, at an accredited institution, of a course in
real estate practices and one of the courses listed in Section 10153.2, other than
real estate principles, advanced legal aspects of real estate, advanced real estate
finance or advanced real estate appraisal. If Respondent fails to present
satisfactory evidence of successful completion of said courses, the restricted
license shall be automatically suspended effective eighteen (18) months after
issuance of Respondent's original real estate salesperson license. Said suspension
shall not be lifted until Respondent has submitted the required evidence of course
completion and the Commissioner has given written notice to the Respondent of
lifting of the suspension.
7.
Restitution Condition:
Respondent shall, prior to the issuance of the restricted license
and as a condition of the issuance of said restricted license, submit proof
satisfactory to the Commissioner of payment of restitution in the amount of
__________to__________.
8.
Reporting Condition (Broker Only):
Respondent shall report in writing to the Bureau of Real Estate as
the Real Estate Commissioner shall direct by his Decision herein or by separate
written order issued while the restricted license is in effect such information
concerning Respondent's activities for which a real estate license is required as
the Commissioner shall deem to be appropriate to protect the public interest.
Such reports may include, but shall not be limited to, periodic
independent accountings of trust funds in the custody and control of Respondent and
periodic summaries of salient information concerning each real estate transaction in
which the Respondent engaged during the period covered by the
report.
9. Suspension (Broker and
Salesperson):
All licenses and licensing rights of Respondent __________ under
the Real Estate Law are suspended for a period of __________ (___) days from the
effective date of this Decision.
10. Suspension With All or a Portion Stayed
(Broker and Salesperson):
All licenses and licensing rights of Respondent __________ under
the Real Estate Law are suspended for a period of __________(___) days from the
effective date of this Decision; provided, however, that __________ (___) days of
said suspension shall be stayed for one (1) year upon the following terms and
conditions:
1. Respondent shall obey all
laws, rules and regulations governing the rights, duties and responsibilities of a
real estate licensee in the State of California; and
2. That no final subsequent determination be made,
after hearing or upon stipulation, that cause for disciplinary action occurred
within one (1) year of the effective date of this Decision. Should such a
determination be made, the Commissioner may, in his discretion, vacate and set aside
the stay order and reimpose all or a portion of the stayed suspension. Should no
such determination be made, the stay imposed herein shall become
permanent.
11. Suspension With
Monetary Penalty in Lieu of Suspension Pursuant to Business and Professions Code
Section
10175.2
(Broker and Salesperson):
All licenses and licensing rights of Respondent __________ under
the Real Estate Law are suspended for a period of __________(___) days from the
effective date of this Decision; provided, however, that if Respondent petitions,
said suspension (or a portion thereof) shall be stayed upon condition that:
1. Respondent pays a monetary penalty pursuant to
Section
10175.2
of the Business and Professions Code at the rate of $__________ for each day of the
suspension for a total monetary penalty of $__________.
2. Said payment shall be in the form of a
cashier's check or certified check made payable to the Recovery Account of the Real
Estate Fund. Said check must be received by the Bureau prior to the effective date
of the Decision in this matter.
3. No
further cause for disciplinary action against the real estate license of Respondent
occurs within one year from the effective date of the Decision in this
matter.
4. If Respondent fails to pay
the monetary penalty in accordance with the terms and conditions of the Decision,
the Commissioner may, without a hearing, order the immediate execution of all or any
part of the stayed suspension in which event the Respondent shall not be entitled to
any repayment nor credit, prorated or otherwise, for money paid to the Bureau under
the terms of this Decision.
5. If
Respondent pays the monetary penalty and if no further cause for disciplinary action
against the real estate license of Respondent occurs within one year from the
effective date of the Decision, the stay hereby granted shall become
permanent.
12. Denial of
Broker License Application With Right to a Restricted Broker License. (Note: The
continuing education condition should not be used in application cases):
Respondent's application for a real estate broker license is
denied; provided, however, a restricted real estate broker license shall be issued
to Respondent pursuant to Section
10156.5
of the Business and Professions Code. The restricted license issued to the
Respondent shall be subject to all of the provisions of Section
10156.7
of the Business and Professions Code and to the following limitations, conditions
and restrictions imposed under authority of Section 10156.6 of said Code:
1. The license shall not confer any property right
in the privileges to be exercised, and the Real Estate Commissioner may by
appropriate order suspend the right to exercise any privileges granted under this
restricted license in the event of:
(a) The
conviction of Respondent (including a plea of nolo contendere) of a crime which is
substantially related to Respondent's fitness or capacity as a real estate licensee;
or
(b) The receipt of evidence that
Respondent has violated provisions of the California Real Estate Law, the Subdivided
Lands Law, Regulations of the Real Estate Commissioner or conditions attaching to
this restricted license.
2.
Respondent shall not be eligible to apply for the issuance of an unrestricted real
estate license nor the removal of any of the conditions, limitations or restrictions
attaching to the restricted license until two years have elapsed from the date of
issuance of the restricted license to Respondent.
13. Denial of Salesperson License Application With
Right to a Restricted Salesperson License (Unconditional). (Note: The continuing
education condition should not be used in application cases):
Respondent's application for a real estate salesperson license is
denied; provided, however, a restricted real estate salesperson license shall be
issued to Respondent pursuant to Section
10156.5
of the Business and Professions Code. The restricted license issued to the
Respondent shall be subject to all of the provisions of Section
10156.7
of the Business and Professions Code and to the following limitations, conditions
and restrictions imposed under authority of Section 10156.6 of said Code:
1. The license shall not confer any property right
in the privileges to be exercised, and the Real Estate Commissioner may by
appropriate order suspend the right to exercise any privileges granted under this
restricted license in the event of:
(a) The
conviction of Respondent (including a plea of nolo contendere) of a crime which is
substantially related to Respondent's fitness or capacity as a real estate licensee;
or
(b) The receipt of evidence that
Respondent has violated provisions of the California Real Estate Law, the Subdivided
Lands Law, Regulations of the Real Estate Commissioner or conditions attaching to
this restricted license.
2.
Respondent shall not be eligible to apply for the issuance of an unrestricted real
estate license nor the removal of any of the conditions, limitations or restrictions
attaching to the restricted license until two years have elapsed from the date of
issuance of the restricted license to Respondent.
3. With the application for license, or with the
application for transfer to a new employing broker, Respondent shall submit a
statement signed by the prospective employing real estate broker on a form RE 552
(Rev. 4/88) approved by the Bureau of Real Estate which shall certify as follows:
(a) That the employing broker has read the
Decision which is the basis for the issuance of the restricted license;
and
(b) That the employing broker will
carefully review all transaction documents prepared by the restricted licensee and
otherwise exercise close supervision over the licensee's performance of acts for
which a license is required.
14. Denial of Application for Conditional
Salesperson Application or Revocation of Conditional Salesperson License. (Note: A
license is "conditional" when the respondent has not completed the two additional
courses required by Section
10153.4):
Denial: Restricted License:
1. Respondent's restricted real estate salesperson
license is issued subject to the requirements of Section
10153.4
of the Business and Professions Code, to wit: Respondent shall, within eighteen (18)
months of the issuance of the restricted license, submit evidence satisfactory to
the Commissioner of successful completion, at an accredited institution, of a course
in real estate practices and one of the courses listed in Section 10153.2, other
than real estate principles, advanced legal aspects of real estate, advanced real
estate finance or advanced real estate appraisal. If Respondent fails to timely
present to the Bureau satisfactory evidence of successful completion of the two
required courses, the restricted license shall be automatically suspended effective
eighteen (18) months after the date of its issuance. Said suspension shall not be
lifted unless, prior to the expiration of the restricted license, Respondent has
submitted the required evidence of course completion and the Commissioner has given
written notice to Respondent of lifting of the suspension.
2. Pursuant to Section 10154, if Respondent has
not satisfied the requirements for an unqualified license under Section 10153.4,
Respondent shall not be entitled to renew the restricted license, and shall not be
entitled to the issuance of another license which is subject to Section 10153.4
until four years after the date of the issuance of the preceding restricted license.
Revocation: Restricted License. (Applicable if
less than eighteen (18) months have passed since the issuance of the conditional
license being revoked):
1. Respondent's
restricted real estate salesperson license is issued subject to the requirements of
Section 10153.4 of the Business and Professions Code, to wit: Respondent shall,
within eighteen (18) months of the issuance of the license revoked herein, submit
evidence satisfactory to the Commissioner of successful completion, at an accredited
institution, of a course in real estate practices and one of the courses listed in
Section 10153.2, other than real estate principles, advanced legal aspects of real
estate, advanced real estate finance or advanced real estate appraisal. If
Respondent fails to present to the Bureau satisfactory evidence of successful
completion of the two required courses, the restricted license shall be
automatically suspended effective eighteen (18) months after the date of issuance of
the license revoked herein. Said suspension shall not be lifted unless prior to the
expiration of the restricted license Respondent has submitted the required evidence
of course completion and the Commissioner has given written notice to Respondent of
lifting of the suspension.
2. Pursuant
to Section 10154, if Respondent has not satisfied the requirements for an
unqualified license under Section 10153.4, Respondent shall not be entitled to renew
the restricted license, and shall not be entitled to the issuance of another license
which is subject to Section 10153.4 until four years after the date of the issuance
of the preceding restricted license.
Revocation: Restricted License. (More than 18
months have passed since the issuance of the conditional license being
revoked):
1. Prior to the delivery or
mailing of Respondent's restricted license, Respondent shall submit evidence
satisfactory to the Commissioner of successful completion, at an accredited
institution, of a course in real estate practices and one of the courses listed in
Section 10153.2, other than real estate principles, advanced legal aspects of real
estate, advanced real estate finance or advanced real estate appraisal. If
Respondent fails to present to the Bureau satisfactory evidence of successful
completion of the two required courses, the restricted license shall be
automatically suspended. Said suspension shall not be lifted unless, prior to the
expiration of the restricted license, Respondent has submitted the required evidence
of course completion and the Commissioner has given written notice to Respondent of
lifting of the suspension.
2. If
Respondent has not satisfied the requirements for an unqualified license within four
years from the date of issuance of the restricted license revoked herein, Respondent
shall not be entitled to renew the restricted license, and shall not be entitled to
the issuance of another license which is subject to Section 10153.4 until four years
after the date of the issuance of the preceding restricted
license.
15. Trust Fund Violations: Standard Terms and
Conditions for a Restricted License:
Pursuant to Section
10148
of the Business and Professions Code, Respondent shall pay the Commissioner's
reasonable cost for:
a) the audit which led
to this disciplinary action and,
b) a
subsequent audit to determine if Respondent has corrected the trust fund
violation(s) found in paragraphs __________ of the Determination of Issues. In
calculating the amount of the Commissioner's reasonable cost, the Commissioner may
use the estimated average hourly salary for all persons performing audits of real
estate brokers, and shall include an allocation for travel time to and from the
auditor's place of work. Respondent shall pay such cost within 60 days of receiving
an invoice from the Commissioner detailing the activities preformed during the audit
and the amount of time spent performing those activities. The Commissioner may
suspend the restricted license issued to respondent pending a hearing held in
accordance with Section 11500, et seq., of the Government Code, if payment is not
timely made as provided for herein, or as provided for in a subsequent agreement
between the Respondent and the Commissioner. The suspension shall remain in effect
until payment is made in full or until Respondent enters into an agreement
satisfactory to the Commissioner to provide for payment, or until a decision
providing otherwise is adopted following a hearing held pursuant to this
condition.
16. Trust Fund
Violations: Standard Terms and Conditions for a Suspended License:
All licenses and licensing rights of Respondent are suspended for
two years from the effective date of this Decision; provided, however, that the
suspension shall be stayed upon the following terms and conditions:
1. Respondent's license and license rights shall
be actually suspended for a period of ___ days. Respondent may, pursuant to Section
10175.2, petition the Commissioner to pay a monetary penalty and thereby further
stay imposition of the term of the actual suspension. (Note: The last sentence is
optional.)
2. Respondent shall obey all
laws, rules and regulations governing the rights, duties and responsibilities of a
real estate licensee in the State of California.
3. The Commissioner may, if a final subsequent
determination is made, after hearing or upon stipulation, that cause for
disciplinary action occurred during the term of the suspension provided for in
condition "1", vacate and set aside the stay order including any further stay
imposed pursuant to Section 10175.2. Should no order vacating the stay be made
pursuant to this condition or condition "4" below, the stay imposed herein shall
become permanent.
4. Pursuant to Section
10148
of the Business and Professions Code, Respondent shall pay the Commissioner's
reasonable cost for:
a) the audit which led to
this disciplinary action and,
b) a
subsequent audit to determine if Respondent has corrected the trust fund
violation(s) found in paragraphs __________ of the Determination of Issues. In
calculating the amount of the Commissioner's reasonable cost, the Commissioner may
use the estimated average hourly salary for all persons performing audits of real
estate brokers, and shall include an allocation for travel costs, including mileage,
time to and from the auditor's place of work and per diem. Respondent shall pay such
cost within 60 days of receiving an invoice from the Commissioner detailing the
activities performed during the audit and the amount of time spent performing those
activities. The Commissioner may, in his discretion, vacate and set aside the stay
order, if payment is not timely made as provided for herein, or as provided for in a
subsequent agreement between the Respondent and the Commissioner. The vacation and
the set aside of the stay shall remain in effect until payment is made in full, or
until Respondent enters into an agreement satisfactory to the Commissioner to
provide for payment. Should no order vacating the stay be issued, either in
accordance with this condition or condition "3", the stay imposed herein shall
become permanent.
17. Trust Fund Violation Course Requirement.
Restricted License:
Respondent shall, prior to and as a condition of the issuance of
the restricted license, submit proof satisfactory to the Commissioner of having
taken and successfully completed the continuing education course on trust fund
accounting and handling specified in subdivision (a) of Section
10170.5
of the Business and Professions Code. Proof of satisfaction of this requirement
includes evidence that respondent has successfully completed the trust fund account
and handling continuing education course within 120 days prior to the effective date
of the Decision in this matter.
Suspended License:
All licenses and licensing rights of Respondent __________ are
indefinitely suspended unless or until Respondent provides proof satisfactory to the
Commissioner, of having taken and successfully completed the continuing education
course on trust fund accounting and handling specified in paragraph (3) of
subdivision (a) of Section
10170.5
of the Business and Professions Code. Proof of satisfaction of this requirement
includes evidence that respondent has successfully completed the trust fund account
and handling continuing education course within 120 days prior to the effective date
of the Decision in this matter.
18. Unlicensed Activity (Brokers and Salespersons)
License Suspension with Right to Petition to Pay Monetary Penalty.
(a) In addition to any other penalty imposed, when
a Respondent is found to have been compensated for performing acts requiring a real
estate license without having a license or when his or her real estate license was
suspended, revoked or expired, the penalty shall include a suspension of the license
with the right to pay a monetary penalty to stay all or a portion of the suspension.
The length of the suspension shall be based on the aggregate amount of compensation
paid during the period of non-licensure measured by one (1) day of suspension for
each one hundred dollars ($100) of compensation received up to a maximum of
$10,000.00.)
(b) All licenses and
licensing rights of Respondent __________ under the Real Estate Law are suspended
for a period of __________ (___) days from the effective date of this Decision;
provided, however, that if Respondent petitions, said suspension (or a portion
thereof) shall be stayed upon condition that:
1.
Respondent pays a monetary penalty pursuant to Section
10175.2
of the Business and Professions Code at the rate of $100.00 for each day of the
suspension for a total monetary penalty of $__________.
2. Said payment shall be in the form of a
cashier's check or certified check made payable to the Recovery Account of the Real
Estate Fund. Said check must be received by the Bureau prior to the effective date
of the Decision in this matter.
3. No
further cause for disciplinary action against the real estate license of Respondent
occurs within one year from the effective date of the Decision in this
matter.
4. If Respondent fails to pay
the monetary penalty in accordance with the terms and conditions of the Decision,
the Commissioner may, without a hearing, order the immediate execution of all or any
part of the stayed suspension in which event the Respondent shall not be entitled to
any repayment nor credit, prorated or otherwise, for money paid to the Bureau under
the terms of this Decision.
5. If
Respondent pays the monetary penalty and if no further cause for disciplinary action
against the real estate license of Respondent occurs within one year from the
effective date of the Decision, the stay hereby granted shall become
permanent.
19.
Reporting Condition Criminal Conviction Cases (Brokers and Salespersons) --
Restricted License.
In addition to any other penalty imposed, when a Respondent is
found to have violated Sections 475(a)(2), 480(a)(1), 490 or 10177(b) of the Code,
the following condition shall be included among the terms and conditions attached to
a restricted license:
Respondent shall notify the Commissioner in writing within 72
hours of any arrest by sending a certified letter to the Commissioner at the Bureau
of Real Estate, Post Office Box 137000, Sacramento, CA 95813-7000. The letter shall
set forth the date of Respondent's arrest, the crime for which Respondent was
arrested and the name and address of the arresting law enforcement agency.
Respondent's failure to timely file written notice shall constitute an independent
violation of the terms of the restricted license and shall be grounds for the
suspension or revocation of that license.
20. Order of Debarment
Pursuant to Section
10087
of the Business and Professions Code, Respondent __________is hereby barred and
prohibited for a period of thirty-six (36) months from the effective date of this
order from performing any of the following activities in the State of
California:
(a) Participating in any
capacity to further the business activity of a real estate salesperson or real
estate broker, or engaging in any business activity involving real estate that is
subject to regulation under Division 4 (Sections
10000 through 11288) of the Business
& Professions Code;
(b)
Participating in any activity for which a real estate salesperson or a real estate
broker license is required;
(c) Engaging
in any real estate-related business activity on the premises where a real estate
salesperson or real estate broker is conducting business which requires a real
estate license;
(d) Participating in any
real estate-related business activity of a finance lender, residential mortgage
lender, bank, credit union, escrow company, title company, or underwritten title
company; and
(e) Holding any position of
employment, management, control, or ownership, as a real estate broker, a real
estate salesperson, or an unlicensed person, in any business involving any of the
activities mentioned in subparagraphs (a) through (d)
above.
1. New article 18.7
(section 2930) and section filed 12-30-97; operative 1-29-98 (Register 98, No.
1).
2. Amendment filed 10-26-99; operative 11-25-99 (Register 99, No.
44).
3. Editorial correction of item 16 (Register 2000, No.
45).
4. Amendment of item 11.2. and amendment of NOTE filed 11-9-2000;
operative 12-9-2000 (Register 2000, No. 45).
5. Amendment of section and
NOTE filed 6-20-2002; operative 7-20-2002 (Register 2002, No. 25).
6.
Amendment of item 16. and new items 17.-18.(b)5. filed 9-5-2003; operative 10-5-2003
(Register 2003, No. 36).
7. Amendment of items 6. and 14. and amendment
of NOTE filed 3-17-2005; operative 4-16-2005 (Register 2005, No. 11).
8.
Amendment adding item 19. filed 2-28-2006; operative 3-30-2006 (Register 2006, No.
9).
9. Amendment of item 17. filed 10-6-2009; operative 11-5-2009
(Register 2009, No. 41).
10. New item 20. filed 9-26-2011; operative
10-26-2011 (Register 2011, No. 39).
11. Change without regulatory effect
amending section filed 6-30-2014 pursuant to section
100, title 1, California Code of
Regulations (Register 2014, No. 27).
Note: Authority cited: Section
10080,
Business and Professions Code. Reference: Sections
10087,
10148
and
10153.4,
Business and Professions Code; and Section
11425.50,
Government Code.