Bill Text: CA AB429 | 2013-2014 | Regular Session | Introduced

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Bill Title: Real Estate Commissioner: powers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB429 Detail]

Download: California-2013-AB429-Introduced.html

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BILL NUMBER: AB 429	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 15, 2013

   An act to amend Section 10079 of the Business and Professions
Code, relating to the Real Estate Commissioner.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 429, as introduced, Daly. Real Estate Commissioner: powers.
   The Real Estate Law provides for the regulation and licensure of
real estate brokers and real estate salespersons by the Real Estate
Commissioner. Existing law requires the Attorney General, subject to
exception, to act as the attorney for the commissioner in actions and
proceedings brought by or against the commissioner under or pursuant
to the Real Estate Law or the Subdivided Lands Law, as specified.
Existing law authorizes the commission to apply to the superior
court, by noticed motion, for an order requiring a real estate
licensee who has refused to obey a subpoena issued to the licensee by
the commissioner to appear before the commissioner, or other
representative, as specified.
   This bill would recast these provisions to require the Attorney
General to act as the attorney for the commissioner in actions and
proceedings brought by or against the commissioner under or pursuant
to the Real Estate Law or the Subdivided Lands Law upon request of
the commissioner in civil and criminal courts. The bill would
authorize the commissioner to prosecute administrative actions and
proceedings to enforce the provisions and pursue violations of the
Real Estate Law and the Subdivided Lands Law, would require the
commissioner to employ attorneys, deputies, and other employees for
those purposes, and would require the Attorney General to act as
attorney for the commissioner in those instances, upon request of the
commissioner. The bill would require the commissioner to act through
the commissioner's attorneys or attorneys employed by the Attorney
General in seeking an order to appear for a licensee who has refused
to obey a subpoena, as specified, and clarify that the order pertains
to compliance with an administrative subpoena.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10079 of the Business and Professions Code is
amended to read:
   10079.  (a) The Attorney General shall render to the commissioner
opinions upon all questions of law relating to the construction or
interpretation of this part or Chapter 1 of Part 2 or arising in the
administration thereof that may be submitted to him or her by the
commissioner. Except as provided in subdivision (b), the Attorney
General shall act  , upon the commissioner's request,  as
the attorney for the commissioner in all actions and proceedings
brought by or against him or her  in civil or criminal courts
 under or pursuant to any of the provisions of this part or of
Chapter 1 of Part 2. 
   (b) The commissioner shall commence, prosecute, and resolve
administrative actions and proceedings to enforce the provisions and
to pursue violations of the Real Estate Law (Chapter 1 (commencing
with Section 10000) and the Subdivided Lands Law (Chapter 1
(commencing with Section 11000) of Part 2), and shall employ those
attorneys, deputies, and employees as he or she may need for the
proper handling, prosecution, management, and resolution of those
administrative actions and proceedings.  
   (b) 
    (c)  In the case of refusal by a licensee to obey
 a   an administrative  subpoena issued to
that licensee, the commissioner may, by a noticed motion, apply 
through his or her attorneys, or attorneys employed by the Attorney
General,  to the superior court for, and the superior court may
issue to the licensee, an order requiring the licensee to appear
before the commissioner, or the representative designated by the
commissioner, to produce documentary evidence, if so ordered, or to
give evidence touching the matter under investigation or in question.
Failure of the licensee to obey the order of the court may be
punished by the court as a contempt.