TIPS TO AVOID DENIAL OF YOUR CALIFORNIA REAL ESTATE LICENSE APPLICATION



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CLICK to Read a Brief
Overview of the Administrative
Disciplinary Process

WHAT DO I NOW?
A Brief Overview
Of The Administrative Disciplinary Process


Stipulated Settlement


IHow Does the "DRE" (now the Bureau of Real Estate or "BRE") License Discipline Work In CaliforniaVIILicense Discipline and Public Records
IIReal Estate Licensees Must Self Report To The BRE, A Felony Indictment Or Information, A Misdemeanor Conviction Or Pending License Disciplinary ActionVIIIPreparing For the Hearing
IIISteps In A Formal License Discipline/Denial CaseIXAppearing For the Hearing
IVDisciplineXDecisions
VOfficial Notices During a Pending DRE ActionXIRetaining An Attorney
VIStipulated Settlement
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VI. Stipulated Settlement

For the formal disciplinary actions or license denial actions which result in a Stipulated Settlement, the document representing that settlement itself is called a "Stipulation". A Stipulation is like a plea bargain. In a Stipulated Settlement, the Department of Real Estate "DRE" (now the Bureau of Real Estate or "BRE") forgoes a more severe punishment or outright denial of a license in order to achieve early resolution of a case, and you, the licensee or applicant, waive your right to hearings and appeals in order to avoid the possibility of more severe discipline or outright denial of your real estate license after a hearing. If retained, Stipulated Settlements are typically the product of negotiation between the DRE's attorney and me or result from a detailed written offer to settle setting forth all reasons (legal as well as factual) why the case should settle. The written settlement offer is preferred because even though the DRE may initially approve a Settlement, the Real Estate Commissioner still has to approve of the Settlement and at this point in the negotiations has no personal knowledge of the specific circumstances of your case. A written settlement is therefore helpful in setting forth the facts for review by the Real Estate Commissioner. Stipulated terms may vary, but most typically in cases involving criminal convictions the DRE will grant the applicant/licensee a restricted license. The restricted license is for a minimum two year duration and a Petition for Reinstatement must be filed thereafter to obtain an unrestricted license. There are two primary differences between a restricted and an unrestricted license. The first difference between a restricted and an unrestricted license is that a restricted licensee loses his/her property right to that license. That means that if during the period the license is restricted a new license violation arises, the DRE has the right to suspend the license first, then hold a hearing in light of the new violation. The second difference is a licensee holding a restricted license must apply for the restricted status to be removed, it does not convert to an unrestricted license automatically at the end of two year period. If a restricted licensee does not apply for the restricted status to be removed, the license remains restricted. Aside from those primary differences, a restricted licensee can perform all of the acts requiring a real estate license that an unrestricted licensee can perform.

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