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Administrative Hearings

California real estate licensing lawyer

Real estate license lawyers

Introduction

We help clients obtain and defend their professional licenses in the State of California.  We have a strong focus in real estate law including the following types of administrative subject areas:

1.  Complaints and licensing issues with the California Bureau of Real Estate (“BRE”)

a.  Residential brokers & salespersons

b.  Commercial brokers & salespersons

c.  BRE mortgage lenders

d.  Property managers

2.  Complaints and licensing issues with the California Department of Business Oversight

a.  California finance lenders

b.  California residential mortgage lenders

c.  Escrow agents

3.  California Bureau of Real Estate Appraisal

4.  California Board of Land Surveyors (BPELSG)


Contact us if you are facing a licensing issue with any of these boards and have a pending accusation or hearing in front of the Office of Administrative Hearings (“OAH”).

General overview of administrative hearings in front of OAH

Here is a general overview of the process that ensues when an agency is seeking to take away your licensing rights.  Keep in mind, a license comes with “due process rights” which means a fair process before a neutral hearing officer.

1.  Investigation or Audit

2.  Accusation is filed citing charges against the licensee

3.  Notice of Defense is filed

4.  Discovery (parties should exchange discovery, and interrogatories and depositions might be taken)

5.  Continuances might be sought

6.  Pre-hearing settlement negotiations take place

7.  Case is settled or an administrative hearing takes place

8.  Administrative law judge renders “proposed decision”

9.  The decision goes back to the regulatory agency who may accept, modify, or deny the recommendations of the ALJ

10.  Licensee can accept final decision or seek reconsideration of file a civil lawsuit (the old adage is you must first exhaust your administrative remedies before taking your case to a Superior Court).

This is the general process.  Each case is different and there may be other items needed in your case.

Contact an administrative hearing lawyer

We offer flexible legal fee arrangements, including predictable flat rate fees.  We are creative and tenacious lawyers who know how to negotiate to try to settle your case WITHOUT going to an OAH hearing.  We know that in most cases Clients do not have the time or money to take the case to a public hearing.  We do everything possible to try to settle your case without a hearing.  We have ben very successful accomplishing this goal over the years.  Contact us to discuss your case at (877) 276-5084 or fill out the contact form below to have one of our OAH attorneys contact you. Please leave the best phone number to contact you.  We will normally respond within the hour.

 

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