Sections
34 entriesSection 11410Establishes the Real Estate Appraisers Regulation Fund in the State Treasury, consisting of money raised through fees and assessments imposed under the…Section 11411Establishes separate Administration and Recovery Accounts within the Real Estate Appraisers Regulation Fund and makes the Recovery Account a continuing appropriation for…Section 11411.5Defines terms governing Recovery Account claims, including application, claimant, court of competent jurisdiction, digital and electronic signatures, electronic submission, final judgment, party,…Section 11412Sets Recovery Account requirements across several dates: the director was to assess qualifying fraud cases by January 1, 2002, and limitations periods…Section 11412.2Allows the director to transfer any amount deemed necessary from the Administration Account to the Recovery Account in addition to required Recovery…Section 11413Allows an aggrieved person with a qualifying final judgment or confirmed arbitration award against a licensed real estate appraiser to apply to…Section 11413.1Requires a Recovery Account claimant to serve the judgment debtor with prescribed notice and application by authorized personal service, certified mail, or…Section 11413.2Requires electronically submitted Recovery Account applications and supporting documents to be combined into a single, noneditable but printable PDF whose total file…Section 11413.3Requires a judgment debtor’s Recovery Account response to verify that a copy was sent to the claimant or claimant’s attorney at the…Section 11413.4Allows a judgment debtor objecting to Recovery Account payment to submit detailed written factual and legal arguments with supporting documents from response…Section 11414Requires the bureau, when a Recovery Account application is not substantially compliant, to mail the claimant an itemized deficiency list within 45…Section 11414.1Requires a Recovery Account application to use the bureau’s form, be verified, and include specified information and certified copies, with electronic and…Section 11414.2Defines a Recovery Account application as substantially complete only if it includes the specified service proof, judgment and litigation records, enforcement efforts,…Section 11415Requires the bureau to issue a written decision on a completed Recovery Account application within 180 days unless the claimant agrees in…Section 11415.1Allows the bureau, after deficiency lists and an unreasonable period without response, to warn that a Recovery Account application will be denied…Section 11416Allows the bureau, when considering and investigating a Recovery Account application, to use the investigation and discovery tools available under the cited…Section 11417Requires the bureau to notify the claimant and judgment debtor of its Recovery Account decision. A claimant whose application is denied must…Section 11417.1Prohibits Recovery Account payment on an approved application while a judgment debtor’s writ of mandate challenging the bureau decision is pending, until…Section 11417.2Requires the bureau, before deciding a Recovery Account application, to initiate a superior-court proration proceeding instead of continuing administrative proceedings when it…Section 11417.3Allows a claimant denied Recovery Account payment to file a superior-court application within six months after denial notice, using the specified venue,…Section 11417.4Requires all parties, after initial application and response service in a Recovery Account matter, to serve later correspondence and notices by first-class…Section 11417.5Requires the bureau and judgment debtor each to respond within 30 days after service; the court then sets a hearing and must…Section 11417.6Allows the bureau to defend Recovery Account court applications, relitigate material issues, and compromise claims with court approval. A court may order…Section 11417.7Allows a judgment debtor to defend a proceeding against the Recovery Account using all appropriate defenses and review methods, including examining witnesses.…Section 11418Limits Recovery Account liability for applications filed on or after January 1, 2026, to $50,000 for any one transaction and $250,000 for…Section 11418.1Requires insufficient Recovery Account liability for valid claims against one licensee to be distributed proportionally to claim amounts or in another equitable…Section 11418.2Requires automatic suspension of an appraiser license when the bureau pays a Recovery Account claim or judgment based on specified clear-and-convincing evidence…Section 11418.3Requires the bureau, when the Recovery Account lacks enough money to pay an authorized claim or portion, to satisfy unpaid amounts once…Section 11418.4Requires every sum the bureau receives under any provision of the chapter to be deposited in the State Treasury and credited to…Section 11419Prohibits a person or agent from filing with the bureau any chapter-required notice, statement, or other document that is false or untrue…Section 11419.1Requires a Recovery Account claimant, after the bureau pays the judgment creditor, to assign to the bureau all rights, title, and interests…Section 11419.2Establishes that an aggrieved person who fails to comply with the chapter waives any rights provided under it. The provision makes compliance…Section 11419.3Establishes that the chapter does not limit the bureau’s authority to discipline a licensee for violating the part or chief-adopted rules and…Section 11420Sets January 1, 2030, as the date the chapter is repealed and provides that the chapter remains in effect only until then.…