10 CCR § 2907.2. Citation — Applicability of Citation and Amount of Administrative Fine.

Citation — Applicability of Citation and Amount of Administrative Fine.

(a) When determining whether to apply the citation and fine process in lieu of a formal accusation, and in determining the amount of the fine assessed, the Commissioner shall take into consideration the following:

(1) The gravity of the violation or violations;

(2) Actual injury or risk of potential harm to consumers as a result of the violation;

(3) Whether the investigation and/or citation addresses multiple violations;

(4) Nature and extent of the person's or entity's history of violations of the Real Estate Law or Subdivided Lands Law and/or prior disciplinary action by the Bureau;

(5) The extent to which the person or entity has exhibited good faith;

(6) Degree of cooperation with the Bureau's investigation;

(7) Attempts to mitigate any loss, damage, or harm caused by the violation;

(8) Other facts relevant to the violation that present good cause for aggravation or mitigation of a penalty.

(b) Where the person cited holds a real estate license, the total fine assessment in the citation shall not exceed $2,500, even where a citation lists more than one violation. Each of the violations listed will relate to the same Bureau investigation.

(c) Where the person cited is an unlicensed person, a citation may issue for each unlicensed act. Before assessing an administrative fine via citation for a violation of Section 10130, Section 10166.02, or Section 10167.2 of the Business and Professions Code for an activity or activities requiring a license and/or license endorsement, the Commissioner shall give due consideration to the gravity of the violation, including, but not limited to, a consideration of the factors described in subdivision (a), above, and the following factors:

(1) Whether the unlicensed person or entity committed numerous or repeated violations;

(2) Whether the unlicensed person or entity falsely represented that he/she/it was licensed;

(3) Whether the unlicensed person or entity committed any act that would be cause for disciplinary action against a licensee;

(4) Whether the unlicensed person or entity claimed or received compensation for the acts, and the amount of compensation claimed or received;

(5) Whether the unlicensed person or entity was previously issued an Order to Desist and Refrain by the Bureau, or was formerly licensed and/or disciplined as a licensee and reasons why that license is no longer in effect.

Official source: § 2907.2. Citation — Applicability of Citation and Amount of Administrative Fine..

Source snapshot retrieved: 2026-09-23T18:14:21.376Z.

1. New section filed 4-21-2014; operative 7-1-2014 (Register 2014, No. 17).

Version dates (indexing metadata): Effective 2014-07-01.

Date derivation (indexing metadata): This is the current publisher text. The filing history states: "1. New section filed 4-21-2014; operative 7-1-2014 (Register 2014, No. 17)." The indexing start is therefore 2014-07-01. No earlier version is represented.