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California Real Estate Appraiser License Defense Attorney

31 Jul 2017
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California Bureau of Real Estate Appraisers License Defense Lawyer

The California Bureau of Real Estate Appraisers, known as the BREA, Licenses approximately 10,000 Real Estate Appraisers in the State of California. Most California Real Estate Appraisers have minimal or no contact with the enforcement arm of the California Bureau of Real Estate Appraisers. For Real Estate Appraisers who become part of the California Bureau of Real Estate Appraisers’ disciplinary process, the consequences are profound. The Real Estate Appraiser License disciplinary process is complex, procedural and time consuming. Real Estate Appraisers facing the California Bureau of Real Estate Appraisers disciplinary process should seek legal representation from an experienced California Real Estate Appraiser License Defense Attorney.

California Bureau of Real Estate Appraisers Investigation Defense Lawyer

The majority of California Bureau of Real Estate Appraisers investigations begin with the filing of a consumer Complaint. However, California Bureau of Real Estate Appraisers Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Bureau of Real Estate Appraisers utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Real Estate Appraisers. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Bureau of Real Estate Appraisers disciplinary process. At the conclusion of a California Bureau of Real Estate Appraisers investigation, the Bureau has several options. The Bureau can choose to close the Complaint. The Bureau can choose to issue a Citation. The Bureau can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Bureau may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Real Estate Appraiser facing a California Bureau of Real Estate Appraisers investigation, contact a California Real Estate Appraiser License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Real Estate Appraisers include:

  • Aiding and Abetting Unlicensed Practice of Real Estate Appraisals
  • Alteration of Completed Appraisal Reports
  • Conflict of Interest
  • Dishonest, Fraud or Deceit
  • Failure to Cooperate with Audits
  • Failure to Provide Copies of Appraisals
  • Failure to Respond to Request for Information
  • Failure to Sign Reports
  • Failure to Use License Number on Reports
  • Improper Influence of Appraisals
  • Prohibited Interest in Appraised Property
  • Lack of Honesty, Candor and Integrity
  • Structuring of Appraisal Assignments to Evade Provisions
  • Unauthorized Use of Title
  • USPAP Violations
  • Violation of Real Estate Appraiser’s Licensing Law

California Real Estate Appraiser License Accusation Defense Attorney

A formal Accusation served on a California Real Estate Appraiser serves as notice to a Real Estate Appraiser that the Bureau intends to revoke the Real Estate Appraiser License. The Real Estate Appraiser, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Real Estate Appraiser. A Default will result in the immediate Revocation of the Real Estate Appraiser License.

An Accusation is a serious matter that can result in the suspension or revocation of a Real Estate Appraiser License in California. In many cases, it is possible for Real Estate Appraisers to reach a Stipulated Agreement with the Attorney General’s Office and California Bureau of Real Estate Appraisers. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Real Estate Appraisers facing a California Bureau of Real Estate Appraisers Accusation should contact an experienced California Real Estate Appraiser License Defense Attorney for representation.

California Real Estate Appraiser License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Bureau of Real Estate Appraisers can adopt, modify or reject the ALJ’s Proposed Decision. The California Bureau of Real Estate Appraisers’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Real Estate Appraiser to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Real Estate Appraiser can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Real Estate Appraisers facing a California Bureau of Real Estate Appraisers Administrative Law Hearing need effective representation from a California Real Estate Appraiser License Defense Lawyer.

California Real Estate Appraiser License and Criminal Convictions

The California Bureau of Real Estate Appraisers can discipline Real Estate Appraisers for criminal convictions. California Bureau of Real Estate Appraisers discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Real Estate Appraiser. Common criminal offenses that can cause Real Estate Appraiser License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Bureau of Real Estate Appraisers and other law enforcement agencies also investigate criminal conduct by Real Estate Appraisers in the course and scope of their practice. Criminal investigations often involve Real Estate Appraisers engaged in Elder Abuse, Forgery and Real Estate Fraud. In serious criminal cases against Real Estate Appraisers pending in Criminal Court, the California Bureau of Real Estate Appraisers and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Real Estate Appraiser. A California Penal Code § 23 Order seeks to suspend a Real Estate Appraiser License in Criminal Court.

Real Estate Appraisers facing criminal charges and Real Estate Appraisers who are convicted of criminal offenses need an experienced California Real Estate Appraiser License Defense Attorney for representation in disciplinary proceedings before the California Bureau of Real Estate Appraisers.

California Real Estate Appraiser License Statement of Issues Attorney

The California Bureau of Real Estate Appraisers thoroughly investigates all applicants for Real Estate Appraiser Licenses. The California Bureau of Real Estate Appraisers may deny a California Real Estate Appraiser License to Real Estate Appraiser students and Real Estate Appraisers from other states and countries. Most California Real Estate Appraiser License denials occur due to criminal convictions, financial problems or misstatements on the Real Estate Appraiser License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Real Estate Appraiser License should contact a California Real Estate Appraiser License Denial Lawyer for representation in a California Bureau of Real Estate Appraisers Statement of Issues Hearing.

California Real Estate Appraiser Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Real Estate Appraisers who have received a Real Estate Appraiser License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Real Estate Appraiser License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Bureau of Real Estate Appraisers. A successful Real Estate Appraiser License Petition for Reinstatement requires representation by an experienced California Real Estate Appraiser License Defense Attorney.

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