State Codes and Statutes

Statutes > California > Bpc > 9889.1-9889.10

BUSINESS AND PROFESSIONS CODE
SECTION 9889.1-9889.10



9889.1.  Any license issued pursuant to Articles 5 and 6, may be
suspended or revoked by the director. The director may refuse to
issue a license to any applicant for the reasons set forth in Section
9889.2. The proceedings under this article shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the director
shall have all the powers granted therein.



9889.2.  The director may deny a license if the applicant or any
partner, officer, or director thereof:
   (a) Fails to meet the qualifications established by the bureau
pursuant to Articles 5 and 6 of this chapter for the issuance of the
license applied for.
   (b) Was previously the holder of a license issued under this
chapter which license has been revoked and never reissued or which
license was suspended and the terms of the suspension have not been
fulfilled.
   (c) Has committed any act which, if committed by any licensee,
would be grounds for the suspension or revocation of a license issued
pursuant to this chapter.
   (d) Has committed any act involving dishonesty, fraud, or deceit
whereby another is injured or whereby the applicant has benefited.
   (e) Has acted in the capacity of a licensed person or firm under
this chapter without having a license therefor.
   (f) Has entered a plea of guilty or nolo contendere to, or been
found guilty of, or been convicted of a crime substantially related
to the qualifications, functions and duties of the license holder in
question, and the time for appeal has elapsed or the judgment of
conviction has been affirmed on appeal, irrespective of an order
granting probation following such conviction, suspending the
imposition of sentence, or of a subsequent order under the provisions
of Section 1203.4 of the Penal Code allowing such person to withdraw
his plea of guilty and to enter a plea of not guilty, or setting
aside the plea or verdict of guilty, or dismissing the accusation or
information.


9889.3.  The director may suspend, revoke, or take other
disciplinary action against a license as provided in this article if
the licensee or any partner, officer, or director thereof:
   (a) Violates any section of the Business and Professions Code that
relates to his or her licensed activities.
   (b) Is convicted of any crime substantially related to the
qualifications, functions, or duties of the licenseholder in
question.
   (c) Violates any of the regulations promulgated by the director
pursuant to this chapter.
   (d) Commits any act involving dishonesty, fraud, or deceit whereby
another is injured.
   (e) Has misrepresented a material fact in obtaining a license.
   (f) Aids or abets an unlicensed person to evade the provisions of
this chapter.
   (g) Fails to make and keep records showing his or her transactions
as a licensee, or fails to have the records available for inspection
by the director or his or her duly authorized representative for a
period of not less than three years after completion of any
transaction to which the records refer, or refuses to comply with a
written request of the director to make the record available for
inspection.
   (h) Violates or attempts to violate the provisions of this chapter
relating to the particular activity for which he or she is licensed.
   (i) Is convicted of a violation of Section 551 of the Penal Code.




9889.4.  A plea or verdict of guilty or a conviction following a
plea of nolo eontendere is deemed to be a conviction within the
meaning of this article. The director may order the license suspended
or revoked, or may decline to issue a license, when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal, or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing such person
to withdraw his plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information or indictment.


9889.5.  The director may take disciplinary action against any
licensee after a hearing as provided in this article by any of the
following:
   (a) Imposing probation upon terms and conditions to be set forth
by the director.
   (b) Suspending the license.
   (c) Revoking the license.



9889.6.  Upon the effective date of any order of suspension or
revocation of any license governed by this chapter, the licensee
shall surrender the license to the director.



9889.7.  The expiration or suspension of a license by operation of
law or by order or decision of the director or a court of law, or the
voluntary surrender of a license by a licensee shall not deprive the
director of jurisdiction to proceed with any investigation of or
action or disciplinary proceedings against such licensee, or to
render a decision suspending or revoking such license.



9889.8.  All accusations against licensees shall be filed within
three years after the act or omission alleged as the ground for
disciplinary action, except that with respect to an accusation
alleging a violation of subdivision (d) of Section 9889.3, the
accusation may be filed within two years after the discovery by the
bureau of the alleged facts constituting the fraud or
misrepresentation prohibited by that section.



9889.9.  When any license has been revoked or suspended following a
hearing under the provisions of this article, any additional license
issued under Articles 5 and 6 of this chapter in the name of the
licensee may be likewise revoked or suspended by the director.



9889.10.  After suspension of the license upon any of the grounds
set forth in this article, the director may reinstate the license
upon proof of compliance by the applicant with all provisions of the
decision as to reinstatement. After revocation of a license upon any
of the grounds set forth in this article, the license shall not be
reinstated or reissued within a period of one year after the
effective date of revocation.


State Codes and Statutes

Statutes > California > Bpc > 9889.1-9889.10

BUSINESS AND PROFESSIONS CODE
SECTION 9889.1-9889.10



9889.1.  Any license issued pursuant to Articles 5 and 6, may be
suspended or revoked by the director. The director may refuse to
issue a license to any applicant for the reasons set forth in Section
9889.2. The proceedings under this article shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the director
shall have all the powers granted therein.



9889.2.  The director may deny a license if the applicant or any
partner, officer, or director thereof:
   (a) Fails to meet the qualifications established by the bureau
pursuant to Articles 5 and 6 of this chapter for the issuance of the
license applied for.
   (b) Was previously the holder of a license issued under this
chapter which license has been revoked and never reissued or which
license was suspended and the terms of the suspension have not been
fulfilled.
   (c) Has committed any act which, if committed by any licensee,
would be grounds for the suspension or revocation of a license issued
pursuant to this chapter.
   (d) Has committed any act involving dishonesty, fraud, or deceit
whereby another is injured or whereby the applicant has benefited.
   (e) Has acted in the capacity of a licensed person or firm under
this chapter without having a license therefor.
   (f) Has entered a plea of guilty or nolo contendere to, or been
found guilty of, or been convicted of a crime substantially related
to the qualifications, functions and duties of the license holder in
question, and the time for appeal has elapsed or the judgment of
conviction has been affirmed on appeal, irrespective of an order
granting probation following such conviction, suspending the
imposition of sentence, or of a subsequent order under the provisions
of Section 1203.4 of the Penal Code allowing such person to withdraw
his plea of guilty and to enter a plea of not guilty, or setting
aside the plea or verdict of guilty, or dismissing the accusation or
information.


9889.3.  The director may suspend, revoke, or take other
disciplinary action against a license as provided in this article if
the licensee or any partner, officer, or director thereof:
   (a) Violates any section of the Business and Professions Code that
relates to his or her licensed activities.
   (b) Is convicted of any crime substantially related to the
qualifications, functions, or duties of the licenseholder in
question.
   (c) Violates any of the regulations promulgated by the director
pursuant to this chapter.
   (d) Commits any act involving dishonesty, fraud, or deceit whereby
another is injured.
   (e) Has misrepresented a material fact in obtaining a license.
   (f) Aids or abets an unlicensed person to evade the provisions of
this chapter.
   (g) Fails to make and keep records showing his or her transactions
as a licensee, or fails to have the records available for inspection
by the director or his or her duly authorized representative for a
period of not less than three years after completion of any
transaction to which the records refer, or refuses to comply with a
written request of the director to make the record available for
inspection.
   (h) Violates or attempts to violate the provisions of this chapter
relating to the particular activity for which he or she is licensed.
   (i) Is convicted of a violation of Section 551 of the Penal Code.




9889.4.  A plea or verdict of guilty or a conviction following a
plea of nolo eontendere is deemed to be a conviction within the
meaning of this article. The director may order the license suspended
or revoked, or may decline to issue a license, when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal, or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing such person
to withdraw his plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information or indictment.


9889.5.  The director may take disciplinary action against any
licensee after a hearing as provided in this article by any of the
following:
   (a) Imposing probation upon terms and conditions to be set forth
by the director.
   (b) Suspending the license.
   (c) Revoking the license.



9889.6.  Upon the effective date of any order of suspension or
revocation of any license governed by this chapter, the licensee
shall surrender the license to the director.



9889.7.  The expiration or suspension of a license by operation of
law or by order or decision of the director or a court of law, or the
voluntary surrender of a license by a licensee shall not deprive the
director of jurisdiction to proceed with any investigation of or
action or disciplinary proceedings against such licensee, or to
render a decision suspending or revoking such license.



9889.8.  All accusations against licensees shall be filed within
three years after the act or omission alleged as the ground for
disciplinary action, except that with respect to an accusation
alleging a violation of subdivision (d) of Section 9889.3, the
accusation may be filed within two years after the discovery by the
bureau of the alleged facts constituting the fraud or
misrepresentation prohibited by that section.



9889.9.  When any license has been revoked or suspended following a
hearing under the provisions of this article, any additional license
issued under Articles 5 and 6 of this chapter in the name of the
licensee may be likewise revoked or suspended by the director.



9889.10.  After suspension of the license upon any of the grounds
set forth in this article, the director may reinstate the license
upon proof of compliance by the applicant with all provisions of the
decision as to reinstatement. After revocation of a license upon any
of the grounds set forth in this article, the license shall not be
reinstated or reissued within a period of one year after the
effective date of revocation.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 9889.1-9889.10

BUSINESS AND PROFESSIONS CODE
SECTION 9889.1-9889.10



9889.1.  Any license issued pursuant to Articles 5 and 6, may be
suspended or revoked by the director. The director may refuse to
issue a license to any applicant for the reasons set forth in Section
9889.2. The proceedings under this article shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the director
shall have all the powers granted therein.



9889.2.  The director may deny a license if the applicant or any
partner, officer, or director thereof:
   (a) Fails to meet the qualifications established by the bureau
pursuant to Articles 5 and 6 of this chapter for the issuance of the
license applied for.
   (b) Was previously the holder of a license issued under this
chapter which license has been revoked and never reissued or which
license was suspended and the terms of the suspension have not been
fulfilled.
   (c) Has committed any act which, if committed by any licensee,
would be grounds for the suspension or revocation of a license issued
pursuant to this chapter.
   (d) Has committed any act involving dishonesty, fraud, or deceit
whereby another is injured or whereby the applicant has benefited.
   (e) Has acted in the capacity of a licensed person or firm under
this chapter without having a license therefor.
   (f) Has entered a plea of guilty or nolo contendere to, or been
found guilty of, or been convicted of a crime substantially related
to the qualifications, functions and duties of the license holder in
question, and the time for appeal has elapsed or the judgment of
conviction has been affirmed on appeal, irrespective of an order
granting probation following such conviction, suspending the
imposition of sentence, or of a subsequent order under the provisions
of Section 1203.4 of the Penal Code allowing such person to withdraw
his plea of guilty and to enter a plea of not guilty, or setting
aside the plea or verdict of guilty, or dismissing the accusation or
information.


9889.3.  The director may suspend, revoke, or take other
disciplinary action against a license as provided in this article if
the licensee or any partner, officer, or director thereof:
   (a) Violates any section of the Business and Professions Code that
relates to his or her licensed activities.
   (b) Is convicted of any crime substantially related to the
qualifications, functions, or duties of the licenseholder in
question.
   (c) Violates any of the regulations promulgated by the director
pursuant to this chapter.
   (d) Commits any act involving dishonesty, fraud, or deceit whereby
another is injured.
   (e) Has misrepresented a material fact in obtaining a license.
   (f) Aids or abets an unlicensed person to evade the provisions of
this chapter.
   (g) Fails to make and keep records showing his or her transactions
as a licensee, or fails to have the records available for inspection
by the director or his or her duly authorized representative for a
period of not less than three years after completion of any
transaction to which the records refer, or refuses to comply with a
written request of the director to make the record available for
inspection.
   (h) Violates or attempts to violate the provisions of this chapter
relating to the particular activity for which he or she is licensed.
   (i) Is convicted of a violation of Section 551 of the Penal Code.




9889.4.  A plea or verdict of guilty or a conviction following a
plea of nolo eontendere is deemed to be a conviction within the
meaning of this article. The director may order the license suspended
or revoked, or may decline to issue a license, when the time for
appeal has elapsed, or the judgment of conviction has been affirmed
on appeal, or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing such person
to withdraw his plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information or indictment.


9889.5.  The director may take disciplinary action against any
licensee after a hearing as provided in this article by any of the
following:
   (a) Imposing probation upon terms and conditions to be set forth
by the director.
   (b) Suspending the license.
   (c) Revoking the license.



9889.6.  Upon the effective date of any order of suspension or
revocation of any license governed by this chapter, the licensee
shall surrender the license to the director.



9889.7.  The expiration or suspension of a license by operation of
law or by order or decision of the director or a court of law, or the
voluntary surrender of a license by a licensee shall not deprive the
director of jurisdiction to proceed with any investigation of or
action or disciplinary proceedings against such licensee, or to
render a decision suspending or revoking such license.



9889.8.  All accusations against licensees shall be filed within
three years after the act or omission alleged as the ground for
disciplinary action, except that with respect to an accusation
alleging a violation of subdivision (d) of Section 9889.3, the
accusation may be filed within two years after the discovery by the
bureau of the alleged facts constituting the fraud or
misrepresentation prohibited by that section.



9889.9.  When any license has been revoked or suspended following a
hearing under the provisions of this article, any additional license
issued under Articles 5 and 6 of this chapter in the name of the
licensee may be likewise revoked or suspended by the director.



9889.10.  After suspension of the license upon any of the grounds
set forth in this article, the director may reinstate the license
upon proof of compliance by the applicant with all provisions of the
decision as to reinstatement. After revocation of a license upon any
of the grounds set forth in this article, the license shall not be
reinstated or reissued within a period of one year after the
effective date of revocation.