California CodesBusiness and Professions Code - BPCDivision 4 — Real EstatePart 1 — Licensing of PersonsChapter 6.5 — Real Estate Recovery ProgramSection 10472.1

(a) The commissioner and the judgment debtor shall each have 30 days after being served with the application in which to file a written response. The court shall thereafter set the matter for hearing upon the petition of the claimant. The court shall grant a request of the commissioner for a continuance of as much as 30 days and may, upon a showing of good cause by any party, continue the hearing as the court deems appropriate.

(b) The claimant shall have the burden of proving compliance with the requirements of Section 10471 by competent evidence at an evidentiary hearing. The claimant shall be entitled to a de novo review of the merits of the application as contained in the administrative record.

(c) If the judgment debtor fails to file a written response to the application, the application may be compromised or settled by the commissioner at any time during the court proceedings and the court shall, upon joint petition of the claimant and the commissioner, issue an order directing payment out of the Consumer Recovery Account.

Notes

Requires the commissioner and judgment debtor each to respond within 30 days after service; the court then sets a hearing and must grant the commissioner up to a 30-day continuance on request. Requires claimant proof by competent evidence and a new merits review from the administrative record; if the debtor does not respond, allows settlement and payment on joint petition.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 10472.1 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-1/chapter-6-5/section-10472-1

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