State Codes and Statutes

Statutes > California > Bpc > 10170-10171.5

BUSINESS AND PROFESSIONS CODE
SECTION 10170-10171.5



10170.  The Legislature has determined that it is in the public
interest of consumer protection and consumer service that all real
estate licensees licensed under the provisions of this part comply
with continuing education requirements adopted by the commissioner
pursuant to this article as a prerequisite to the renewal of real
estate licenses on and after January 1, 1981.



10170.2.  The commissioner may appoint a committee comprised of
licensees under this part and persons with expertise in real estate
education to advise him with respect to his responsibilities under
this article.


10170.4.  The commissioner shall adopt regulations pursuant to
Section 10080, to prescribe all of the following:
   (a) A definition of basic requirements for continuing education of
45 clock hours of attendance at approved educational courses,
seminars, workshops, or conferences, or their equivalent, achieved
during a four-year period preceding license renewal application.
   (b) A basis and method of qualifying educational programs, the
successful completion of which, will satisfy the requirements of this
article.
   (c) A procedure for evaluation of petitions based on a claim of
equivalency with the requirements of subdivision (a), and a
reasonable standard by which an activity would be judged equivalent,
including, but not limited to, instruction in real estate subjects,
publication of professional articles or books, or development of real
estate educational programs, law or research.
   (d) A system of control and reporting qualifying attendance.
   (e) An appropriate form of testing, examination or evaluation by
the sponsor of each approved correspondence or homestudy educational
program, or equivalent, of the student.
   (f) A statement of the conditions of exemption from the continuing
education requirements established under this article, as well as a
method of applying and qualifying for these exemptions, for reasons
of health, military service, or other compelling cause.
   In exercising the authority under this article, the commissioner
shall establish standards which will assure reasonable currency of
knowledge as a basis for a level of real estate practice which will
provide a high level of consumer protection and of competence in
achieving the objectives of members of the public who engage the
services of licensees. The standards shall permit a variety of
alternatives of subject material to licensees taking cognizance of
specialized areas of practice, and alternatives in sources of
programs considering availability in area and time. The standards
shall include, where qualified, generally accredited educational
institutions, private vocational schools, correspondence
institutions, educational programs, workshops, and seminars of
professional societies and organizations, other organized educational
programs on technical subjects, or equivalent offerings.



10170.5.  (a) Except as otherwise provided in Sections 10153.4 and
10170.8, no real estate license shall be renewed unless the
commissioner finds that the applicant for license renewal has, during
the four-year period preceding the renewal application, successfully
completed the 45-clock hours of education provided for in Section
10170.4, including all of the following:
   (1) A three-hour course in ethics, professional conduct, and legal
aspects of real estate, which shall include, but not be limited to,
relevant legislation, regulations, articles, reports, studies, court
decisions, treatises, and information of current interest.
   (2) A three-hour course in agency relationships and duties in a
real estate brokerage practice, including instruction in the
disclosures to be made and the confidences to be kept in the various
agency relationships between licensees and the parties to real estate
transactions.
   (3) A three-hour course in trust fund accounting and handling.
   (4) A three-hour course in fair housing.
   (5) A three-hour course in risk management that shall include, but
need not be limited to, principles, practices, and procedures
calculated to avoid errors and omissions in the practice of real
estate licensed activities.
   (6) Not less than 18-clock hours of courses or programs related to
consumer protection, and designated by the commissioner as
satisfying this purpose in his or her approval of the offering of
these courses or programs, which shall include, but not be limited
to, forms of real estate financing relevant to serving consumers in
the marketplace, land use regulation and control, pertinent consumer
disclosures, agency relationships, capital formation for real estate
development, fair practices in real estate, appraisal and valuation
techniques, landlord-tenant relationships, energy conservation,
environmental regulation and consideration, taxation as it relates to
consumer decisions in real estate transactions, probate and similar
disposition of real property, governmental programs such as revenue
bond activities, redevelopment, and related programs, business
opportunities, mineral, oil, and gas conveyancing, and California law
that relates to managing community associations that own, operate,
and maintain property within common interest developments, including,
but not limited to, management, maintenance, and financial matters
addressed in the Davis-Stirling Common Interest Development Act.
   (7) Other courses and programs that will enable a licensee to
achieve a high level of competence in serving the objectives of
consumers who may engage the services of licensees to secure the
transfer, financing, or similar objectives with respect to real
property, including organizational and management techniques that
will significantly contribute to this goal.
   (b) Except as otherwise provided in Section 10170.8, no real
estate license shall be renewed for a licensee who already has
renewed under subdivision (a), unless the commissioner finds that the
applicant for license renewal has, during the four-year period
preceding the renewal application, successfully completed the
45-clock hours of education provided for in Section 10170.4,
including an eight-hour update survey course that covers the subject
areas specified in paragraphs (1) to (5), inclusive, of subdivision
(a).
   (c) Any denial of a license pursuant to this section shall be
subject to Section 10100.
   (d) For purposes of this section, "successful completion" of a
course described in paragraphs (1) to (5), inclusive, of subdivision
(a) means the passing of a final examination.



10170.6.  The commissioner may amend or repeal any regulation
adopted pursuant to this article in the same manner as provided for
adoption of such regulations, except that no amendment or repeal
shall operate to deprive any licensee of the right to submit
qualifying education completed pursuant to such amended or repealed
regulation during his current license term, as a basis for license
renewal.



10170.8.  The provisions of this article shall not apply to any real
estate licensee who submits proof satisfactory to the commissioner
that he or she has been a real estate licensee in good standing for
30 continuous years in this state and is 70 years of age or older.
   A licensee in good standing is one who holds an active license
which has not been suspended, revoked, or restricted as a result of
disciplinary action.



10171.2.  If an applicant for a license has submitted, in good
faith, evidence of completion of continuing education which he had
reason to believe would qualify him for license renewal, but the
commissioner finds that the evidence submitted does not qualify under
standards adopted pursuant to this article, the commissioner may,
nonetheless, extend the license for 90 days in order to allow the
applicant to submit additional evidence of compliance, which
satisfies the requirements of this article. When the license is
issued during or at the end of the grace period provided for in this
section it shall expire four years from the date otherwise applicable
if no grace period had been granted.



10171.3.  On and after January 1, 1981, a real estate license, which
has been revoked as the result of disciplinary action by the
commissioner, shall not be reinstated, nor shall a restricted real
estate license be issued to an applicant in connection with a
petition for reinstatement, unless the applicant presents evidence of
completion of the continuing education required by this article.
This requirement of evidence of continuing education shall not be
imposed upon an applicant for reinstatement who has been required
under Section 10182 to pass a qualifying examination as a condition
to reinstatement.


10171.4.  Any licensee who applies for renewal of his or her license
under Section 10461, or for reinstatement of his or her license
under Section 10161.5 or 10463, shall, if the previous active license
issued to him or her was issued four or more years prior to his or
her application for renewal or reinstatement, present evidence of
compliance with this article. If no such qualifying evidence is
presented, the commissioner may issue a temporary license for a
period of 90 days.
   If the applicant presents evidence within 90 days of compliance
with this article and is otherwise qualified, the commissioner shall
issue a regular license without additional fee. It shall expire four
years from the date which would otherwise have been applicable if a
temporary license under this section had not been issued.




10171.5.  A person who is licensed as a real estate broker only as
an officer of a corporate broker pursuant to Section 10158 or 10211
shall not be eligible for the renewal of such license nor for the
issuance of a license in an individual capacity or as an officer of a
corporate broker licensed pursuant to Section 10158 or 10211, unless
and until such person has completed the continuing education
requirements of this article.


State Codes and Statutes

Statutes > California > Bpc > 10170-10171.5

BUSINESS AND PROFESSIONS CODE
SECTION 10170-10171.5



10170.  The Legislature has determined that it is in the public
interest of consumer protection and consumer service that all real
estate licensees licensed under the provisions of this part comply
with continuing education requirements adopted by the commissioner
pursuant to this article as a prerequisite to the renewal of real
estate licenses on and after January 1, 1981.



10170.2.  The commissioner may appoint a committee comprised of
licensees under this part and persons with expertise in real estate
education to advise him with respect to his responsibilities under
this article.


10170.4.  The commissioner shall adopt regulations pursuant to
Section 10080, to prescribe all of the following:
   (a) A definition of basic requirements for continuing education of
45 clock hours of attendance at approved educational courses,
seminars, workshops, or conferences, or their equivalent, achieved
during a four-year period preceding license renewal application.
   (b) A basis and method of qualifying educational programs, the
successful completion of which, will satisfy the requirements of this
article.
   (c) A procedure for evaluation of petitions based on a claim of
equivalency with the requirements of subdivision (a), and a
reasonable standard by which an activity would be judged equivalent,
including, but not limited to, instruction in real estate subjects,
publication of professional articles or books, or development of real
estate educational programs, law or research.
   (d) A system of control and reporting qualifying attendance.
   (e) An appropriate form of testing, examination or evaluation by
the sponsor of each approved correspondence or homestudy educational
program, or equivalent, of the student.
   (f) A statement of the conditions of exemption from the continuing
education requirements established under this article, as well as a
method of applying and qualifying for these exemptions, for reasons
of health, military service, or other compelling cause.
   In exercising the authority under this article, the commissioner
shall establish standards which will assure reasonable currency of
knowledge as a basis for a level of real estate practice which will
provide a high level of consumer protection and of competence in
achieving the objectives of members of the public who engage the
services of licensees. The standards shall permit a variety of
alternatives of subject material to licensees taking cognizance of
specialized areas of practice, and alternatives in sources of
programs considering availability in area and time. The standards
shall include, where qualified, generally accredited educational
institutions, private vocational schools, correspondence
institutions, educational programs, workshops, and seminars of
professional societies and organizations, other organized educational
programs on technical subjects, or equivalent offerings.



10170.5.  (a) Except as otherwise provided in Sections 10153.4 and
10170.8, no real estate license shall be renewed unless the
commissioner finds that the applicant for license renewal has, during
the four-year period preceding the renewal application, successfully
completed the 45-clock hours of education provided for in Section
10170.4, including all of the following:
   (1) A three-hour course in ethics, professional conduct, and legal
aspects of real estate, which shall include, but not be limited to,
relevant legislation, regulations, articles, reports, studies, court
decisions, treatises, and information of current interest.
   (2) A three-hour course in agency relationships and duties in a
real estate brokerage practice, including instruction in the
disclosures to be made and the confidences to be kept in the various
agency relationships between licensees and the parties to real estate
transactions.
   (3) A three-hour course in trust fund accounting and handling.
   (4) A three-hour course in fair housing.
   (5) A three-hour course in risk management that shall include, but
need not be limited to, principles, practices, and procedures
calculated to avoid errors and omissions in the practice of real
estate licensed activities.
   (6) Not less than 18-clock hours of courses or programs related to
consumer protection, and designated by the commissioner as
satisfying this purpose in his or her approval of the offering of
these courses or programs, which shall include, but not be limited
to, forms of real estate financing relevant to serving consumers in
the marketplace, land use regulation and control, pertinent consumer
disclosures, agency relationships, capital formation for real estate
development, fair practices in real estate, appraisal and valuation
techniques, landlord-tenant relationships, energy conservation,
environmental regulation and consideration, taxation as it relates to
consumer decisions in real estate transactions, probate and similar
disposition of real property, governmental programs such as revenue
bond activities, redevelopment, and related programs, business
opportunities, mineral, oil, and gas conveyancing, and California law
that relates to managing community associations that own, operate,
and maintain property within common interest developments, including,
but not limited to, management, maintenance, and financial matters
addressed in the Davis-Stirling Common Interest Development Act.
   (7) Other courses and programs that will enable a licensee to
achieve a high level of competence in serving the objectives of
consumers who may engage the services of licensees to secure the
transfer, financing, or similar objectives with respect to real
property, including organizational and management techniques that
will significantly contribute to this goal.
   (b) Except as otherwise provided in Section 10170.8, no real
estate license shall be renewed for a licensee who already has
renewed under subdivision (a), unless the commissioner finds that the
applicant for license renewal has, during the four-year period
preceding the renewal application, successfully completed the
45-clock hours of education provided for in Section 10170.4,
including an eight-hour update survey course that covers the subject
areas specified in paragraphs (1) to (5), inclusive, of subdivision
(a).
   (c) Any denial of a license pursuant to this section shall be
subject to Section 10100.
   (d) For purposes of this section, "successful completion" of a
course described in paragraphs (1) to (5), inclusive, of subdivision
(a) means the passing of a final examination.



10170.6.  The commissioner may amend or repeal any regulation
adopted pursuant to this article in the same manner as provided for
adoption of such regulations, except that no amendment or repeal
shall operate to deprive any licensee of the right to submit
qualifying education completed pursuant to such amended or repealed
regulation during his current license term, as a basis for license
renewal.



10170.8.  The provisions of this article shall not apply to any real
estate licensee who submits proof satisfactory to the commissioner
that he or she has been a real estate licensee in good standing for
30 continuous years in this state and is 70 years of age or older.
   A licensee in good standing is one who holds an active license
which has not been suspended, revoked, or restricted as a result of
disciplinary action.



10171.2.  If an applicant for a license has submitted, in good
faith, evidence of completion of continuing education which he had
reason to believe would qualify him for license renewal, but the
commissioner finds that the evidence submitted does not qualify under
standards adopted pursuant to this article, the commissioner may,
nonetheless, extend the license for 90 days in order to allow the
applicant to submit additional evidence of compliance, which
satisfies the requirements of this article. When the license is
issued during or at the end of the grace period provided for in this
section it shall expire four years from the date otherwise applicable
if no grace period had been granted.



10171.3.  On and after January 1, 1981, a real estate license, which
has been revoked as the result of disciplinary action by the
commissioner, shall not be reinstated, nor shall a restricted real
estate license be issued to an applicant in connection with a
petition for reinstatement, unless the applicant presents evidence of
completion of the continuing education required by this article.
This requirement of evidence of continuing education shall not be
imposed upon an applicant for reinstatement who has been required
under Section 10182 to pass a qualifying examination as a condition
to reinstatement.


10171.4.  Any licensee who applies for renewal of his or her license
under Section 10461, or for reinstatement of his or her license
under Section 10161.5 or 10463, shall, if the previous active license
issued to him or her was issued four or more years prior to his or
her application for renewal or reinstatement, present evidence of
compliance with this article. If no such qualifying evidence is
presented, the commissioner may issue a temporary license for a
period of 90 days.
   If the applicant presents evidence within 90 days of compliance
with this article and is otherwise qualified, the commissioner shall
issue a regular license without additional fee. It shall expire four
years from the date which would otherwise have been applicable if a
temporary license under this section had not been issued.




10171.5.  A person who is licensed as a real estate broker only as
an officer of a corporate broker pursuant to Section 10158 or 10211
shall not be eligible for the renewal of such license nor for the
issuance of a license in an individual capacity or as an officer of a
corporate broker licensed pursuant to Section 10158 or 10211, unless
and until such person has completed the continuing education
requirements of this article.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 10170-10171.5

BUSINESS AND PROFESSIONS CODE
SECTION 10170-10171.5



10170.  The Legislature has determined that it is in the public
interest of consumer protection and consumer service that all real
estate licensees licensed under the provisions of this part comply
with continuing education requirements adopted by the commissioner
pursuant to this article as a prerequisite to the renewal of real
estate licenses on and after January 1, 1981.



10170.2.  The commissioner may appoint a committee comprised of
licensees under this part and persons with expertise in real estate
education to advise him with respect to his responsibilities under
this article.


10170.4.  The commissioner shall adopt regulations pursuant to
Section 10080, to prescribe all of the following:
   (a) A definition of basic requirements for continuing education of
45 clock hours of attendance at approved educational courses,
seminars, workshops, or conferences, or their equivalent, achieved
during a four-year period preceding license renewal application.
   (b) A basis and method of qualifying educational programs, the
successful completion of which, will satisfy the requirements of this
article.
   (c) A procedure for evaluation of petitions based on a claim of
equivalency with the requirements of subdivision (a), and a
reasonable standard by which an activity would be judged equivalent,
including, but not limited to, instruction in real estate subjects,
publication of professional articles or books, or development of real
estate educational programs, law or research.
   (d) A system of control and reporting qualifying attendance.
   (e) An appropriate form of testing, examination or evaluation by
the sponsor of each approved correspondence or homestudy educational
program, or equivalent, of the student.
   (f) A statement of the conditions of exemption from the continuing
education requirements established under this article, as well as a
method of applying and qualifying for these exemptions, for reasons
of health, military service, or other compelling cause.
   In exercising the authority under this article, the commissioner
shall establish standards which will assure reasonable currency of
knowledge as a basis for a level of real estate practice which will
provide a high level of consumer protection and of competence in
achieving the objectives of members of the public who engage the
services of licensees. The standards shall permit a variety of
alternatives of subject material to licensees taking cognizance of
specialized areas of practice, and alternatives in sources of
programs considering availability in area and time. The standards
shall include, where qualified, generally accredited educational
institutions, private vocational schools, correspondence
institutions, educational programs, workshops, and seminars of
professional societies and organizations, other organized educational
programs on technical subjects, or equivalent offerings.



10170.5.  (a) Except as otherwise provided in Sections 10153.4 and
10170.8, no real estate license shall be renewed unless the
commissioner finds that the applicant for license renewal has, during
the four-year period preceding the renewal application, successfully
completed the 45-clock hours of education provided for in Section
10170.4, including all of the following:
   (1) A three-hour course in ethics, professional conduct, and legal
aspects of real estate, which shall include, but not be limited to,
relevant legislation, regulations, articles, reports, studies, court
decisions, treatises, and information of current interest.
   (2) A three-hour course in agency relationships and duties in a
real estate brokerage practice, including instruction in the
disclosures to be made and the confidences to be kept in the various
agency relationships between licensees and the parties to real estate
transactions.
   (3) A three-hour course in trust fund accounting and handling.
   (4) A three-hour course in fair housing.
   (5) A three-hour course in risk management that shall include, but
need not be limited to, principles, practices, and procedures
calculated to avoid errors and omissions in the practice of real
estate licensed activities.
   (6) Not less than 18-clock hours of courses or programs related to
consumer protection, and designated by the commissioner as
satisfying this purpose in his or her approval of the offering of
these courses or programs, which shall include, but not be limited
to, forms of real estate financing relevant to serving consumers in
the marketplace, land use regulation and control, pertinent consumer
disclosures, agency relationships, capital formation for real estate
development, fair practices in real estate, appraisal and valuation
techniques, landlord-tenant relationships, energy conservation,
environmental regulation and consideration, taxation as it relates to
consumer decisions in real estate transactions, probate and similar
disposition of real property, governmental programs such as revenue
bond activities, redevelopment, and related programs, business
opportunities, mineral, oil, and gas conveyancing, and California law
that relates to managing community associations that own, operate,
and maintain property within common interest developments, including,
but not limited to, management, maintenance, and financial matters
addressed in the Davis-Stirling Common Interest Development Act.
   (7) Other courses and programs that will enable a licensee to
achieve a high level of competence in serving the objectives of
consumers who may engage the services of licensees to secure the
transfer, financing, or similar objectives with respect to real
property, including organizational and management techniques that
will significantly contribute to this goal.
   (b) Except as otherwise provided in Section 10170.8, no real
estate license shall be renewed for a licensee who already has
renewed under subdivision (a), unless the commissioner finds that the
applicant for license renewal has, during the four-year period
preceding the renewal application, successfully completed the
45-clock hours of education provided for in Section 10170.4,
including an eight-hour update survey course that covers the subject
areas specified in paragraphs (1) to (5), inclusive, of subdivision
(a).
   (c) Any denial of a license pursuant to this section shall be
subject to Section 10100.
   (d) For purposes of this section, "successful completion" of a
course described in paragraphs (1) to (5), inclusive, of subdivision
(a) means the passing of a final examination.



10170.6.  The commissioner may amend or repeal any regulation
adopted pursuant to this article in the same manner as provided for
adoption of such regulations, except that no amendment or repeal
shall operate to deprive any licensee of the right to submit
qualifying education completed pursuant to such amended or repealed
regulation during his current license term, as a basis for license
renewal.



10170.8.  The provisions of this article shall not apply to any real
estate licensee who submits proof satisfactory to the commissioner
that he or she has been a real estate licensee in good standing for
30 continuous years in this state and is 70 years of age or older.
   A licensee in good standing is one who holds an active license
which has not been suspended, revoked, or restricted as a result of
disciplinary action.



10171.2.  If an applicant for a license has submitted, in good
faith, evidence of completion of continuing education which he had
reason to believe would qualify him for license renewal, but the
commissioner finds that the evidence submitted does not qualify under
standards adopted pursuant to this article, the commissioner may,
nonetheless, extend the license for 90 days in order to allow the
applicant to submit additional evidence of compliance, which
satisfies the requirements of this article. When the license is
issued during or at the end of the grace period provided for in this
section it shall expire four years from the date otherwise applicable
if no grace period had been granted.



10171.3.  On and after January 1, 1981, a real estate license, which
has been revoked as the result of disciplinary action by the
commissioner, shall not be reinstated, nor shall a restricted real
estate license be issued to an applicant in connection with a
petition for reinstatement, unless the applicant presents evidence of
completion of the continuing education required by this article.
This requirement of evidence of continuing education shall not be
imposed upon an applicant for reinstatement who has been required
under Section 10182 to pass a qualifying examination as a condition
to reinstatement.


10171.4.  Any licensee who applies for renewal of his or her license
under Section 10461, or for reinstatement of his or her license
under Section 10161.5 or 10463, shall, if the previous active license
issued to him or her was issued four or more years prior to his or
her application for renewal or reinstatement, present evidence of
compliance with this article. If no such qualifying evidence is
presented, the commissioner may issue a temporary license for a
period of 90 days.
   If the applicant presents evidence within 90 days of compliance
with this article and is otherwise qualified, the commissioner shall
issue a regular license without additional fee. It shall expire four
years from the date which would otherwise have been applicable if a
temporary license under this section had not been issued.




10171.5.  A person who is licensed as a real estate broker only as
an officer of a corporate broker pursuant to Section 10158 or 10211
shall not be eligible for the renewal of such license nor for the
issuance of a license in an individual capacity or as an officer of a
corporate broker licensed pursuant to Section 10158 or 10211, unless
and until such person has completed the continuing education
requirements of this article.