A BRIEF OVERVIEW OF THE ADMINISTRATIVE DISCIPLINARY PROCESS - Real Estate Licensees Must Self Report To The BRE, A Felony Indictment Or Information, A Misdemeanor Conviction Or Pending License Disciplinary Action || Attorney Frank Buda: Protect your real estate license! Former DRE deputy commissioner now representing real estate agents

TIPS TO AVOID DENIAL OF YOUR CALIFORNIA REAL ESTATE LICENSE APPLICATION

WHAT DO I NOW?

A Brief Overview
Of The Administrative Disciplinary Process

Real Estate Licensees Must Self Report To The BRE, A Felony Indictment Or Information, A Misdemeanor Conviction Or Pending License Disciplinary Action

I	How Does the "DRE" (now the Bureau of Real Estate or "BRE") License Discipline Work In California	VII	License Discipline and Public Records
II	Real Estate Licensees Must Self Report To The BRE, A Felony Indictment Or Information, A Misdemeanor Conviction Or Pending License Disciplinary Action	VIII	Preparing For the Hearing
III	Steps In A Formal License Discipline/Denial Case	IX	Appearing For the Hearing
IV	Discipline	X	Decisions
V	Official Notices During a Pending DRE Action	XI	Retaining An Attorney
VI	Stipulated Settlement
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II. Real Estate Licensees Must Self Report To The BRE, A Felony Indictment Or Information, A Misdemeanor Conviction Or Pending License Disciplinary Action

The California Business and Professions Code was amended effective January 1, 2012 to add section 10186.2, requiring licensees to self-report to the Bureau of Real Estate ("BRE") any felony or misdemeanor conviction, the bringing of felony charges, or any licensing disciplinary action taken by another licensing authority. Business and Professions Code section 10186.2(a)(1) states a licensee must submit a report of any of the following to the BRE:

"(A) The bringing of an indictment or information charging a felony against the licensee.
(B) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor.
(C) Any disciplinary action taken by another licensing entity or authority of this state or of another state or an agency of the federal government."

Section 10186.2(a)(1)(2) requires that any such report is to be made in writing within 30 days of the date of the bringing of the indictment or the charging of a felony, the conviction of a misdemeanor, or the disciplinary action and that failure to make such a written report shall constitute a cause for discipline of the licensee. Notification may be made in any fashion and must be in writing, however, the BRE has form RE 238 available in order to help with self-reporting. If for some reason you are subject to a criminal action from the date your license is issued, or another licensing agency brings a disciplinary action against another license, please make sure to find out if you may be subject to discipline by the BRE if you fail to self-report in accord with section 10186.2. Remember, a disciplinary action by another licensing agency as specified in 10186.2(a)(1)(C) above refers to the date a disciplinary action is initiated against your license issued by another licensing agency and not just actual discipline against another state issued license. If you wait to self-report until there is a final determination by another licensing agency, your real estate license will be subject to discipline for failing to self-report in accord with section 10186.2. Please make sure to keep updated with changes in the real estate law that could effect your licensing rights through the BRE's website and the BRE's Real Estate Law book, which is also available online.

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