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A BRIEF OVERVIEW OF THE ADMINISTRATIVE DISCIPLINARY PROCESS

Discipline
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

III. Discipline

The DRE disciplinary decisions are based upon the type of case, the violations, and the actions you have taken since the violations to show you have rehabilitated yourself. Further, if the facts of your case do not constitute violations, a dismissal of the DRE disciplinary action can also be obtained. The factors in each case are so many and varied that only an attorney with extensive experience with the DRE can help to produce a desired result.

The lightest penalty given by the DRE is called a Public Reproval. The maximum penalty for most licensing/application violations is either complete license revocation (for current licensees), or denial of the issuance of an applicant's real estate license. Other possible disciplinary penalties found between those extremes typically are: a restricted license, suspension of the license of a current real estate licensee or a stayed suspension without an actual suspension, educational classes, and fines to stay a suspension.

Most cases involving a criminal conviction usually result in one of the following outcomes: a restricted license, full revocation of a license, denial of an application or dismissal of the Accusation or Statement of Issues. Dismissal of the Accusation or Statement of Issues involving a criminal conviction in most cases comes from demonstrating to the DRE that a conviction cannot be a legal basis to discipline or deny a real estate license. Again, the factors in each case are so many and varied that only an attorney with extensive experience with the DRE can effectively help to produce a desired result.

In cases involving a criminal conviction, a suspension or public reproval is very rare, but depending on the case, the law and facts such an outcome is possible.

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