TIPS TO AVOID DENIAL OF YOUR CALIFORNIA REAL ESTATE LICENSE APPLICATION


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


Decisions

IHow Does DRE License Discipline Work In CaliforniaVILicense Discipline and Public Records
IISteps In A Formal License Discipline/Denial CaseVIIPreparing For the Hearing
IIIDisciplineVIIIAppearing For the Hearing
IVOfficial Notices During a Pending DRE ActionIXDecisions
VStipulated SettlementXRetaining An Attorney

IX. Decisions

Once the administrative hearing has occurred, the Administrative Law Judge will make a "Proposed Decision" to the Real Estate Commissioner. If the Real Estate Commissioner adopts the "Proposed Decision" it becomes the Decision of the Real Estate Commissioner. The Decision is usually effective 14 days after mailing by the DRE to you. If you like the Decision this is the end of the case. If you do not like the Decision, you may file for Reconsideration of the Decision with the Real Estate Commissioner or file a Writ of Mandate in the Superior Court to overturn the Decision. There are very strict time deadlines involved in filing for Reconsideration of the Decision and filing a Writ of Mandate in the Superior Court. Only an experienced attorney can give you proper legal advise regarding whether to file for Reconsideration of the Decision with the Real Estate Commissioner or file a Writ of Mandate, or both.

If the Real Estate Commissioner does not adopt the "Proposed Decision," he will have to obtain a copy of the transcript of the hearing to review, and will provide you and the DRE with an opportunity to present written argument. You may also obtain a copy of the transcript of the hearing if you pay for the direct copying charges. There is also an opportunity to see if a settlement can now be reached. Once the Real Estate Commissioner has provided you and the DRE with the right to present written argument and has hopefully reviewed the transcript, he will issue his Decision. Again, the Decision is usually effective 14 days after mailing by the DRE to you. If you like the Decision it is the end of the case. If you do not like the Decision, you may file for Reconsideration of the Decision with the Real Estate Commissioner or file a Writ of Mandate in the Superior Court to overturn the Decision. There are very strict time deadlines involved in filing for Reconsideration of the Decision or filing a Writ of Mandate in the Superior Court. Only an experienced attorney can give you proper legal advise regarding whether to file for Reconsideration of the Decision with the Real Estate Commissioner or file a Writ of Mandate, or both.

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