California Business and Professions Code. Division 4. Real Estate Part 1. Real Estate Regulations. Licenses 10150.   (a) Application for the real estate Broker License examination shall be made in writing to the Commissioner. The Commissioner may prescribe the format and content of the Broker examination application. The application for the Broker examination shall be accompanied by the real estate Broker License examination fee. (b) Persons who have been notified by the Commissioner that they passed the real estate Broker License examination may apply for a real estate Broker License. A person applying for the Broker examination may also apply for a real estate Broker License. However, a License shall not be issued until the applicant passes the real estate Broker License examination. If there is any change to the information contained in a real estate Broker License application after the application has been submitted and before the License has been issued, the Commissioner may require the applicant to submit a supplement to the application listing the changed information. (c) Application for the real estate Broker License shall be made in writing to the Commissioner. The Commissioner may prescribe the format and content of the Broker License application. The application for the real estate Broker License shall be accompanied by the appropriate fee. (d) Application for an endorsement to act as a Mortgage Loan originator, as defined in Section 10166.01, shall be made either electronically or in writing as directed by the Commissioner. The Commissioner may prescribe the format and content of the Mortgage Loan originator endorsement application, which shall meet the minimum requirements for licensing of a Mortgage Loan originator, pursuant to the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289).   10150.6.   The Real Estate Commissioner shall not grant an original real estate Broker's License to any person who has not held a real estate Salesman's License for at least two years and qualified for renewal real estate Salesman status, within the five-year period immediately prior to the date of his application for the Broker's License, and during such time was not actively engaged in the business of real estate Salesman, except that an applicant for a real estate Broker's License having at least the equivalent of two years' general real estate experience or graduation from a four-year college or university course, which course included specialization in real estate, files a written petition with the DRE setting forth his qualifications and experience, and the Commissioner approves, he may be issued a real estate Broker's License immediately upon passing the examination and satisfying the other requirements of this article.   10151.   (a) Application for the real estate Salesperson License examination shall be made in writing to the Commissioner. The Commissioner may prescribe the format and content of the Salesperson examination application. The application for the Salesperson examination shall be accompanied by the real estate Salesperson License examination fee. (b) Persons who have been notified by the Commissioner that they passed the real estate Salesperson License examination may apply for a real estate Salesperson License. A person applying for the Salesperson examination may also apply for a real estate Salesperson License. However, a License shall not be issued until the applicant passes the real estate Salesperson License examination. If there is any change to the information contained in a real estate Salesperson License application after the application has been submitted and before the License has been issued, the Commissioner may require the applicant to submit a supplement to the application listing the changed information. (c) An application for the real estate Salesperson License examination or for both the examination and License that is received by the Commissioner on or after October 1, 2007, shall include evidence or certification, satisfactory to the Commissioner, of successful completion at an accredited institution of a three-semester unit course, or the quarter equivalent thereof, or successful completion of an equivalent course of study as defined in Section 10153.5, in real estate principles as well as the successful completion at an accredited institution of a course in real estate practice and one additional course set forth in Section 10153.2, other than real estate principles, real estate practice, advanced legal aspects of real estate, advanced real estate finance, or advanced real estate appraisal. The applicant shall provide this evidence or certification to the Commissioner prior to taking the real estate Salesperson License examination. (d) The Commissioner shall waive the requirements of this section for the following applicants: (1) An applicant who is a member of the State Bar of California. (2) An applicant who has qualified to take the examination for an original real estate Broker License by satisfying the requirements of Section 10153.2. (e) Application for endorsement to act as a Mortgage Loan originator, as defined in Section 10166.01, shall be made either electronically or in writing as directed by the Commissioner. The Commissioner may prescribe the format and the content of the Mortgage Loan originator endorsement application, which shall meet the minimum requirements for licensing of a Mortgage Loan originator, pursuant to the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289).   10151.5.   (a) An applicant who is not a resident of this state shall be eligible for a real estate License provided (1) the applicant qualifies for licensure under this chapter, including Section 10162, and (2) the state or other jurisdiction that is the place of residence of the applicant permits a resident of California to qualify for and obtain a real estate License in that jurisdiction. (b) A foreign corporation shall be exempt from the eligibility requirement set forth in clause (2) of subdivision (a) if, and for so long as, at least one of the officers of the corporation who is designated and Licensed as a real estate Broker pursuant to Section 10158 or 10211 is a resident of this state. (c) Every nonresident applicant for a real estate License shall, along with his or her application, file with the Real Estate Commissioner an irrevocable consent that if in any action commenced against him or her in this state, personal service of process upon him or her cannot be made in this state after the exercise of due diligence, a valid service may thereupon be made upon the applicant by delivering the process to the DRE.   10152.   (a) The Commissioner may require any other proof he or she may deem advisable concerning the honesty and truthfulness of any applicant for a real estate License or License examination, or of the officers, directors, or persons owning more than 10 percent of the stock, of any corporation making application therefor, before authorizing the issuance of a real estate License. For this purpose the Commissioner may call a hearing in accordance with this part relating to hearings. To assist in his or her determination the Commissioner shall require every original applicant to be fingerprinted prior to issuing a License. The Commissioner may require the fingerprints to be submitted either with the application to take the License examination or with the application for a real estate License. (b) This section shall become operative on July 1, 2004. 10153. In addition to the proof of honesty and truthfulness required of any applicant for a real estate License, the Commissioner shall ascertain by written examination that the applicant, and in case of a corporation applicant for a real estate Broker's License that each officer, or Agent thereof through whom it proposes to act as a real estate Licensee, has all of the following:   (a) An appropriate knowledge of the English language, including reading, writing, and spelling and of arithmetical computations common to real estate and business opportunity practices. (b) An understanding of the principles of real estate and business opportunity conveyancing, the general purposes and general legal effect of Agency contracts, deposit receipts, deeds, mortgages, deeds of Trust, chattel mortgages, bills of sale, land contracts of sale and leases, and of the principles of business and land economics and appraisals. (c) A general and fair understanding of the obligations between Principal and Agent, of the principles of real estate and business opportunity practice and the canons of business ethics pertaining thereto, of the provisions of this part, of Chapter 1 (commencing with Section 11000) of Part 2, and of the regulations of the Real Estate Commissioner as contained in Title 10 of the California Administrative Code.   10153.1.   It is unlawful for any person with respect to any examination under this part to practice any deception or fraud with regard to his or her identity in connection with any examination, application, or request to be examined. Any person who willfully violates or knowingly participates in the violation of this section is guilty of a Misdemeanor.   10153.2.   (a) An applicant to take the examination for an original real estate Broker License shall also submit evidence, satisfactory to the Commissioner, of successful completion, at an accredited institution, of:   (1) A three-semester unit course, or the quarter equivalent thereof, in each of the following:   (a) Real estate practice. (b) Legal aspects of real estate. (c) Real estate appraisal. (d) Real estate financing. (e) Real estate economics or accounting.   (2) A three-semester unit course, or the quarter equivalent thereof, in three of the following:   (a) Advanced legal aspects of real estate. (b) Advanced real estate finance. (c) Advanced real estate appraisal. (d) Business law. (e) Escrows. (F) Real estate principles. (G) Property management. (H) Real estate office administration. (I) Mortgage Loan brokering and lending. (J) Computer applications in real estate. (K) On and after July 1, 2004, California law that relates to common interest developments, including, but not limited to topics addressed in the Davis-Stirling Common Interest Development Act (Title 6 (commencing with Section 1350) of Part 4 of Division 2 of the Civil Code).   (b) The Commissioner shall waive the requirements of this section for an applicant who is a member of the State Bar of California and shall waive the requirements for which an applicant has successfully completed an equivalent course of study as determined under Section 10153.5. (c) The Commissioner shall extend credit under this section for any course completed to satisfy requirements of Section 10153.3 or 10153.4.   10153.3.   (a) This section shall apply to an application for the real estate Salesperson License examination, the real estate Salesperson License, and for both the examination and License received by the Commissioner prior to October 1, 2007. (b) Application for the real estate Salesperson License examination pursuant to this section shall be made in writing to the Commissioner. The Commissioner may prescribe the format and content of the Salesperson examination application. The application for the Salesperson examination shall be accompanied by the real estate Salesperson License examination fee. (c) In order to take the examination for a real estate Salesperson License, an applicant under this section shall submit evidence or certification satisfactory to the Commissioner of enrollment in, or successful completion at, an accredited institution of a three-semester unit course, or the quarter equivalent thereof, or successful completion of an equivalent course of study as defined in Section 10153.5, in real estate principles. Evidence of enrollment satisfactory to the Commissioner may include a statement from the applicant made under penalty of perjury. (d) An applicant under this section may take the real estate Salesperson License examination within two years of the date his or her application was received by the Commissioner. Notwithstanding subdivision (c), if the applicant fails to schedule an examination or to obtain a passing score on it within that time period, he or she shall be required to submit evidence or certification satisfactory to the Commissioner of satisfactory completion at an accredited institution of the courses described in subdivision (c) of Section 10151 or satisfactory completion of an equivalent course of study as defined in Section 10153.5, before taking the examination. (e) An applicant under this section shall, prior to issuance of the real estate Salesperson License, submit evidence or certification satisfactory to the Commissioner of successful completion of the real estate principles course as described in subdivision (c) and of successful completion at an accredited institution or successful completion of an equivalent course of study as defined in Section 10153.5, of a course in real estate practice and one additional course set forth in Section 10153.2 other than real estate principles, real estate practice, advanced legal aspects of real estate, advanced real estate finance, or advanced real estate appraisal. (f) The Commissioner shall waive the requirements of this section for an applicant who is a member of the State Bar of California, or who has completed an equivalent course of study, as determined under Section 10153.5, or who has qualified to take the examination for an original real estate Broker License by satisfying the requirements of Section 10153.2.   10153.4.   (a) This section shall apply to an application for the real estate Salesperson License examination, the real estate Salesperson License, and for both the examination and License received by the Commissioner prior to October 1, 2007, if the applicant obtains a passing score on the real estate Salesperson License examination and submits a License application prior to October 1, 2007. (b) Application for the real estate Salesperson License examination pursuant to this section shall be made in writing to the Commissioner. The Commissioner may prescribe the format and content of the Salesperson examination application. The application for the Salesperson examination shall be accompanied by the real estate Salesperson License examination fee. (c) An applicant under this section shall comply with the requirements of subdivision (c) of Section 10153.3 in order to take the real estate Salesperson License examination. (d) An applicant under this section who obtains a passing score on the real estate Salesperson License examination prior to October 1, 2007, shall, prior to the issuance of the real estate Salesperson License, submit evidence or certification satisfactory to the Commissioner of successful completion at an accredited institution of a three-semester unit course, or the quarter unit equivalent thereof, or successful completion of an equivalent course of study as defined in Section 10153.5, in real estate principles as described in subdivision (c) of Section 10153.3. An applicant for an original real estate Salesperson License under this section shall also, prior to the issuance of the License, or within 18 months after issuance, submit evidence or certification satisfactory to the Commissioner of successful completion at an accredited institution or a private vocational school, as specified in Section 10153.5, of a course in real estate practice and one additional course set forth in Section 10153.2, other than real estate principles, real estate practice, advanced legal aspects of real estate, advanced real estate finance, or advanced real estate appraisal. (e) A Salesperson who qualifies for a License pursuant to this section shall not be required for the first License renewal thereafter to complete the continuing education pursuant to Article 2.5 (commencing with Section 10170), except for the courses specified in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 10170.5 or, on and after July 1, 2007, except for the courses specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 10170.5.   (f) The Salesperson License issued to an applicant who has satisfied only the requirements of subdivision (c) at the time of issuance shall be automatically suspended effective 18 months after issuance if the Licensee has failed to satisfy the requirements of subdivision (d). The suspension shall not be lifted until the suspended Licensee has submitted the required evidence of course completion and the Commissioner has given written notice to the Licensee of the lifting of the suspension. (g) The original License issued to a Salesperson shall clearly set forth the conditions of the License and shall be accompanied by a notice of the provisions of this section and of any regulations adopted by the Commissioner to implement this section. (h) The Commissioner shall waive the requirements of this section for any person who presents evidence of admission to the State Bar of California, and the Commissioner shall waive the requirement for any course for which an applicant has completed an equivalent course of study as determined under Section 10153.5.   10153.5.   As used in Sections 10151, 10153.2, 10153.3, and 10153.4, "an equivalent course of study" consists of courses at a private vocational school that have been found by the Commissioner, upon consideration of an application for approval, to be equivalent in quality to the real estate courses offered by the colleges and universities accredited by the Western Association of Schools and Colleges. As used in Sections 10151, 10153.2, 10153.3, and 10153.4, "accredited institution" shall mean a college or university that either:   (a) Is accredited by the Western Association of Schools and Colleges, or by any other regional accrediting Agency recognized by the United States Department of Education. (b) In the judgment of the Commissioner, has a real estate curriculum equivalent in quality to that of the institutions accredited pursuant to subdivision (a).   10153.6.   All real estate Broker licenses issued by the Commissioner shall be for a period of four years. Applicants shall qualify in the appropriate examination and satisfy all other requirements prior to issuance of the License. The four-year License may be renewed upon filing the required application and fee, and complying with the provisions of Article 2.5 (commencing with Section 10170).   All real estate Salesperson licenses issued by the Commissioner shall be for a period of four years. Applicants must qualify in the appropriate examination and satisfy all other requirements prior to issuance of the License. The four-year License may be renewed upon filing the required application and fee, and complying with the provisions of Article 2.5 (commencing with Section 10170).   10153.8.   When an applicant for real estate License fails the qualifying examination, he may apply for reexamination by filing the appropriate application and fee. The application and fee for reexamination shall be filed and the reexamination taken within the two-year period following the date the application for examination was filed.   10154.    A person who has obtained a conditional License pursuant to Section 10153.4, but has not satisfied the requirements for an unqualified License under Section 10153.4, shall not be entitled to a late renewal of the License under Section 10201, and shall not be entitled to the issuance of another conditional License until four years after the date of the issuance of the preceding conditional License.   10156.2.   An application on the form prescribed by the Commissioner for the renewal of a License, filed before midnight of the last day of the period for which a previous License was issued, accompanied by the applicable renewal fee and good faith evidence of compliance with the provisions of Article 2.5 (commencing with Section 10170), entitles the applicant to continue operating under his or her existing License after its specified expiration date, if not previously suspended or revoked. If the Commissioner determines that the applicant has not complied with the continuing education requirements, he or she shall either   (1) advise the applicant of the applicability of Section 10171.2 on an extended period for compliance; or (2) advise the applicant that his or her rights to operate under the prior License will expire five days from the date the notice is mailed, or on the date the License would normally expire, whichever is later; and the Commissioner's reason for that determination, and the right of the applicant to request a hearing on the decision.   This section shall become inoperative on July 1, 2012, and, as of January 1, 2013, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2013, deletes or extends the dates on which it becomes inoperative and is repealed.   10156.3.   An application on the form prescribed by the Commissioner for the renewal of a License, filed before midnight of the last day of the period for which a previous License was issued, accompanied by the applicable renewal fee and good faith evidence of compliance with the provisions of Article 2.5 (commencing with Section 10170), entitles the applicant to continue operating under his or her existing License after its specified expiration date, if not previously suspended or revoked. If the Commissioner determines that the applicant has not complied with the continuing education requirements, he or she shall either   (1) advise the applicant of the applicability of Section 10171.2 on an extended period for compliance; or (2) advise the applicant that his or her rights to operate under the prior License will expire five days from the date the notice is mailed, or on the date the License would normally expire, whichever is later; and the Commissioner's reason for that determination, and the right of the applicant to request a hearing on the decision. Nothing in this section shall prevent the Commissioner from delaying the renewal of the License of a Licensee pursuant to Section 10177.   This section shall become operative on July 1, 2012.   10156.5.   The Commissioner may issue a restricted License to a person:   (a) Who is or has been Licensed under this chapter and who has been found by the Commissioner after a hearing to have violated provisions of Division 4 of this Code where such violation would justify the suspension or revocation of the License. (b) Who is applying for a License under this chapter, who has met the examination and experience requirements, but who has been found by the Commissioner after a hearing to have failed to have made a satisfactory showing that he meets all of the other requirements for the License applied for, where such failure would justify the denial of the License applied for.   10156.6.   A restricted License issued pursuant to Section 10156.5 as the Commissioner in his or her discretion finds advisable in the public interest may be restricted:   (a) By term. (b) To employment by a particular real estate Broker, if a Salesperson. (c) By conditions to be observed in the exercise of the privileges granted. (d) If a Salesperson Licensee or applicant has not complied with Section 10153.4 within 18 months after issuance of the License.   10156.7.   (a) A restricted License issued pursuant to Section 10156.5 does not confer any property right in the privileges to be exercised thereunder, and the holder of a restricted License does not have the right to the renewal of the License. (b) Except as provided in subdivision (c), the Commissioner may without hearing issue an order suspending the Licensee's right to further exercise any privileges granted under a restricted License pending final determination made after formal hearing. (c) A restricted Salesperson License containing a condition requiring compliance with Section 10153.4 shall be automatically suspended upon the Licensee's failure to comply with the condition. The suspension shall not be lifted until the suspended Licensee has submitted the required evidence of course completion and the Commissioner has given written notice to the Licensee of the lifting of the suspension.   10156.8.   As one of the conditions to the issuance of a restricted License authorized by Section 10156.5 the Commissioner may require the filing of surety bonds in such form and condition as he may require in respect to the restricted Licensee for the protection of persons or classes of persons with whom said Licensee may deal.   10157.   No real estate License gives authority to do any act specified in this chapter to any person, other than the person to whom the License is issued.   10158.   When a real estate License is issued to a corporation, if it desires any of its officers other than the officer designated by it pursuant to Section 10211, to act under its License as a real estate Broker, it shall procure an additional License to so employ each of such additional officers.   10159.   Each officer of a corporation through whom it is Licensed to act as a real estate Broker is, while so employed under such License, a Licensed real estate Broker, but Licensed only to act as such for and on behalf of the corporation as an officer.   10159.2.   (a) The officer designated by a corporate Broker Licensee pursuant to Section 10211 shall be responsible for the supervision and control of the activities conducted on behalf of the corporation by its officers and employees as necessary to secure full compliance with the provisions of this division, including the supervision of salespersons Licensed to the corporation in the performance of acts for which a real estate License is required. (b) A corporate Broker Licensee that has procured additional licenses in accordance with Section 10158 through officers other than the officer designated pursuant to Section 10211 may, by appropriate resolution of its board of directors, assign supervisory responsibility over salespersons Licensed to the corporation to its Broker-officers. (c) A certified copy of any resolution of the board of directors assigning supervisory responsibility over real estate salespersons Licensed to the corporation shall be filed with the Real Estate Commissioner within five days after the adoption or modification thereof.   10159.5.   Every person applying for a License under this chapter who desires to have such License issued under a fictitious business name shall file with his application a certified copy of his fictitious business name statement filed with the county clerk pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7.   10160.   The real estate Salesman's License shall remain in the possession of the Licensed real estate Broker employer until canceled or until the Salesman leaves the employ of the Broker, and the Broker shall make his License and the licenses of his Salesman available for inspection by the Commissioner or his designated representative.   10161.5.   When the holder of a real estate Broker's or Salesman's License is required to relinquish his License to assume an office in local, state, or federal government, he may have it reinstated at any time within six months of termination of his service in office upon payment of the appropriate renewal fee, and compliance with the provisions of Article 2.5 (commencing with Section 10170) of this chapter, if the relinquished License was issued four or more years prior to his application for reinstatement.   10161.8.   (a) Whenever a real estate Salesman enters the employ of a real estate Broker, the Broker shall immediately notify the Commissioner thereof in writing. (b) Whenever employment of a real estate Salesman is terminated, the Broker shall immediately notify the Commissioner thereof in writing. (c) Whenever a Licensee acquires a business address different from the address shown on his License he shall mark out the former address on the face of the License and type or write the new main office address in ink on the reverse side, and date and initial same. (d) Whenever a real estate Salesman enters the employ of a new real estate Broker he shall mark out the name of his former Broker on the face of the License and type or write the name of the new employing Broker in ink on the reverse side, and date and initial same.   10162.   Every Licensed real estate Broker shall have and maintain a definite place of business in the State of California which shall serve as his office for the transaction of business. This office shall be the place where his License is displayed and where personal consultations with clients are held. No real estate License authorizes the Licensee to do business except from the location stipulated in the real estate License as issued or as altered pursuant to Section 10161.8.   10163.   If the applicant for a real estate Broker's License maintains more than one place of business within the State he shall apply for and procure an additional License for each branch office so maintained by him. Every such application shall state the name of the person and the location of the place or places of business for which such License is desired. The Commissioner may determine whether or not a real estate Broker is doing a real estate brokerage business at or from any particular location which requires him to have a branch office License.   10164.   (a) An employing Broker or corporate designated Broker officer may appoint a Licensee as a manager of a branch office or division of the employing Broker's or employing corporate designated Broker officer's real estate business and delegate to the appointed manager the responsibility to oversee day-to-day operations, supervise the Licensed activities of Licensees, and supervise clerical staff employed in the branch office or division. (b) Notwithstanding subdivision (a), nothing in this section shall be construed to limit the responsibilities of an employing Broker or a corporate designated Broker officer pursuant to subdivision (h) of Section 10177. A Licensee accepting appointment as a manager shall be subject to disciplinary action pursuant to Section 10165 for failure to properly supervise Licensed activity pursuant to subdivision (a). (c) Appointment of a manager shall only be made by means of a written contract in which the manager accepts the delegated responsibility. The appointing employing Broker or corporate designated Broker officer shall retain a copy of the contract and send a notice to the department, in a form approved by the Commissioner, identifying the appointed manager and the branch office or division the manager is appointed to supervise. (d) A Licensee shall not be appointed as a manager if any of the following apply:   (1) The Licensee holds a restricted License. (2) The Licensee is or has been subject to an order of debarment. (3) The Licensee is a Salesperson with less than two years of full-time real estate experience within five years preceding the appointment.   (e) Whenever an appointment of a branch manager is terminated or changed, the employing Broker or corporate designated Broker officer shall immediately notify the Commissioner thereof in writing. (f) This section shall become operative on July 1, 2012.   10165.   For a violation of any of the provisions of Section 10160, 10161.8, 10162, 10163, or subdivision (b)  of Section 10164, the Commissioner may temporarily suspend or permanently revoke the License of the real estate Licensee in accordance with the provisions of this part relating to hearings.   10166.01.   For purposes of this article, the following definitions shall apply:   (a) "SAFE Act" means the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289).   (b)   (1) "Mortgage Loan originator" means an individual who takes a residential Mortgage Loan application or offers or negotiates terms of a residential Mortgage Loan for compensation or gain. (2) Mortgage Loan originator does not include any of the following: (a) An individual who performs purely administrative or clerical tasks on behalf of a person meeting the definition of a Mortgage Loan originator, except as otherwise provided in subdivision (c) of Section 10166.03.   The term "administrative or clerical tasks" means the receipt, collection, and distribution of information common for the processing or underwriting of a Loan in the mortgage industry and communication with a consumer to obtain information necessary for the processing or underwriting of a residential Mortgage Loan.   (b) An individual that only performs real estate brokerage services, as defined in subdivision (a) or (b) of Section 10131, unless that person is compensated by a lender, other Mortgage Loan originator, or by any Agent of any lender or other Mortgage Loan originator.   (c) An individual who solely renegotiates terms for existing Mortgage Loans held or serviced by his or her employer and who does not otherwise act as a Mortgage Loan originator, unless the United States Department of Housing and Urban Development or a court of competent jurisdiction determines that the SAFE Act requires such an employee to be Licensed as a Mortgage Loan originator under state laws implementing the SAFE Act. (d) An individual that is solely involved in extensions of credit relating to timeshare plans, as that term is defined in Section 101 (53D) of Title 11 of the United States Code. (e) An individual Licensed or registered as a Mortgage Loan originator pursuant to the provisions of the Financial Code and the SAFE Act.   (c) "Nationwide Mortgage Licensing System and Registry" means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of Mortgage Loan originators.   (d) "Residential Mortgage Loan" means any Loan primarily for personal, family, or household use that is secured by a mortgage, deed of Trust, or other equivalent consensual security interest on a dwelling, or residential real estate upon which is constructed or intended to be constructed a dwelling. "Dwelling" means a residential structure that contains one to four units, whether or not that structure is attached to real property. The term includes an individual condominium unit, cooperative unit, Mobile home, or trailer, if it is used as a residence. (e) "Unique identifier" means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry. (f) "Loan processor or underwriter" means an individual who performs clerical or support duties as an employee at the direction of, and subject to the supervision and instruction of, a Mortgage Loan originator.   10166.02.   (a) A real estate Broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131, and who makes, arranges, or services Loans secured by real property containing one to four residential units, and any Salesperson who acts in a similar capacity under the supervision of that Broker, shall notify the department by January 31, 2010, or within 30 days of commencing that activity, whichever is later. The notification shall be made in writing, as directed, on a form that is acceptable to the Commissioner. (b) No individual may engage in business as a Mortgage Loan originator under this article without first doing both of the following:   (1) Obtaining and maintaining a real estate License pursuant to Article 2 (commencing with Section 10150). (2) Obtaining and maintaining a real estate License endorsement pursuant to this article identifying that individual as a Licensed Mortgage Loan originator.   (c) License endorsements shall be valid for a period of one year and shall expire on the 31st of December each year. (d) Applicants for a Mortgage Loan originator License endorsement shall apply in a form prescribed by the Commissioner. Each form shall contain content as set forth by rule, regulation, instruction, or procedure of the Commissioner. (e) In order to fulfill the purposes of this article, the Commissioner may establish relationships or contracts with the Nationwide Mortgage Licensing System and Registry or other entities designated by the Nationwide Mortgage Licensing System and Registry to collect and maintain records and process transaction fees or other fees related to Licensees or other persons subject to this article. (f) A real estate Broker or Salesperson who fails to notify the department pursuant to subdivision (a), or who fails to obtain a License endorsement required pursuant to paragraph (2) of subdivision (b), shall be assessed a penalty of fifty dollars ($50) per day for each day written notification has not been received or a License endorsement has not been obtained, up to and including the 30th day after the first day of the assessment penalty. On and after the 31st day, the penalty is one hundred dollars ($100) per day, not to exceed a total penalty of ten thousand dollars ($10,000), regardless of the number of days, until the department receives the written notification or the Licensee obtains the License endorsement. Penalties for violations of subdivisions (a) and (b) shall be additive. (g) The Commissioner may suspend or revoke the License of a real estate Broker or Salesperson who fails to pay a penalty imposed pursuant to this section. In addition, the Commissioner may bring an action in an appropriate court of this state to collect payment of that penalty.(h) All penalties paid or collected under this section shall be deposited into the Consumer Recovery Account of the Real Estate Fund and shall, upon appropriation by the Legislature, be available for expenditure for the purposes specified in Chapter 6.5 (commencing with Section 10470).   10166.03.   (a) A Loan processor or underwriter who does not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a Mortgage Loan originator shall not be required to obtain a License endorsement as a Mortgage Loan originator. (b) An individual engaging solely in Loan processor or underwriter activities shall not represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a Mortgage Loan originator. (c) An independent contractor who is employed by a Mortgage Loan originator may not engage in the activities of a Loan processor or underwriter for a residential Mortgage Loan unless the independent contractor Loan processor or underwriter obtains and maintains an endorsement as a Mortgage Loan originator under this article. Each independent contractor Loan processor or underwriter who obtains and maintains an endorsement as a Mortgage Loan originator under this article shall have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.   10166.04.   (a) In connection with an application to the Commissioner for a License endorsement as a Mortgage Loan originator, every applicant shall furnish to the Nationwide Mortgage Licensing System and Registry information concerning the applicant's identity, including the following:   (1) Fingerprint images and related information, for purposes of performing a federal, or both a state and federal, criminal history background check. (2) Personal history and experience in a form prescribed by the Nationwide Mortgage Licensing System and Registry, including the submission of authorization for the Nationwide Mortgage Licensing System and Registry and the Commissioner to obtain both of the following:   (a) An independent credit report from a consumer reporting Agency. (b) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction.   (b) The Commissioner may ask the Nationwide Mortgage Licensing System and Registry to obtain state criminal history background check information on applicants described in subdivision (a) using the procedures set forth in subdivisions (c) and (d).   (c) If the Nationwide Mortgage Licensing System and Registry electronically submits fingerprint images and related information, as required by the Department of Justice, for an applicant for a Mortgage Loan originator License endorsement, to the Department of Justice for the purposes of obtaining information as to the existence and content of a record of state convictions and state arrests, and as to the existence and content of a record of state arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal, the Department of Justice shall provide an electronic response to the Nationwide Mortgage Licensing System and Registry pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code, and shall provide the same electronic response to the department. (d) The Nationwide Mortgage Licensing System and Registry may request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in subdivision (a). The Department of Justice shall provide the same electronic response to the department. (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the requests described in this section.   10166.05.   Notwithstanding any other provision of law, the Commissioner shall not issue a License endorsement to act as a Mortgage Loan originator to an applicant unless the Commissioner makes all of the following findings:   (a) The applicant has never had a Mortgage Loan originator License revoked in any governmental jurisdiction, except that a subsequent formal vacation of a revocation shall not be deemed a revocation.   (b)   (1) The applicant has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court during the seven-year period preceding the date of the application for licensing, or at any time preceding the date of application, if the felony involved an act of fraud, dishonesty, a breach of Trust, or money laundering. Whether a particular crime is classified as a felony shall be determined by the law of the jurisdiction in which an individual is convicted. (2) For purposes of this subdivision, an expunged or pardoned felony conviction shall not require denial of an application. However, the Commissioner may consider the underlying crime, facts, or circumstances of an expunged or pardoned felony conviction when determining the eligibility of an applicant for licensure under this subdivision or subdivision (c). (c) The applicant has demonstrated such financial responsibility, character, and general fitness as to command the confidence of the community and warrant a determination that the Mortgage Loan originator will operate honestly, fairly, and efficiently within the purposes of the article. (d) The applicant has complied with the education and written testing requirements in Section 10166.06.   10166.051.   In addition to any penalties authorized by regulations adopted pursuant to Section 10166.15, the Commissioner may do one or more of the following, after appropriate notice and opportunity for hearing:   (a) Deny, suspend, revoke, restrict, or decline to renew a Mortgage Loan originator License endorsement for a violation of this article, or any rules or regulations adopted hereunder. (b) Deny, suspend, revoke, condition, or decline to renew a Mortgage Loan originator License endorsement, if an applicant or endorsement holder fails at any time to meet the requirements of Section 10166.05 or 10166.09, or withholds information or makes a material misstatement in an application for a License endorsement or License endorsement renewal. (c) Issue orders or directives to Licensees who hold Mortgage Loan originator License endorsements, as follows:   (1) Order or direct persons subject to this article to desist and refrain from conducting business, including immediate temporary orders to desist and refrain. (2) Order or direct persons subject to this article to cease any harmful activities or violations of this article, including immediate temporary orders to desist and refrain. (3) Enter immediate temporary orders to cease business under a License endorsement if the Commissioner determines that the License endorsement was erroneously granted or the endorsement holder is currently in violation of this article. (4) Order or direct any other affirmative action the Commissioner deems necessary.   10166.06.   (a) In addition to the requirements of Section 10153, an applicant for a License endorsement as a Mortgage Loan originator shall complete at least 20 hours of education courses, which shall include at least the following:   (1) Three hours of federal law and regulations. (2) Three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues. (3) Two hours of training related to lending standards for the nontraditional mortgage product marketplace.   (b) For purposes of this section, education courses are only acceptable if they have been reviewed and approved, or otherwise deemed acceptable, by the Nationwide Mortgage Licensing System and Registry, in accordance with the SAFE Act. Education may be offered in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry, in accordance with the SAFE Act. (c) A person who successfully completes the education requirements approved by the Nationwide Mortgage Licensing System and Registry in any state other than California shall be granted credit by the Commissioner toward completion of the education requirements of this section. (d) Before being issued a License endorsement to act as a Mortgage Loan originator, an individual shall pass a qualified written test developed or otherwise deemed acceptable by the Nationwide Mortgage Licensing System and Registry and administered by a test provider approved or otherwise deemed acceptable by the Nationwide Mortgage Licensing System and Registry. (e) A written test shall not be treated as a qualified written test for purposes of this section, unless the test adequately measures the applicant's knowledge and comprehension in the following subject areas: ethics, federal law and regulation pertaining to mortgage origination, state law and regulation pertaining to mortgage origination, and federal and state law and regulation relating to fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues. (f) Nothing in this section shall prohibit a test provider approved by the Nationwide Mortgage Licensing System and Registry from providing a test at the location of the employer of the applicant or any subsidiary or affiliate of the employer of the applicant, or any entity with which the applicant holds an exclusive arrangement to conduct the business of a Mortgage Loan originator. (g) An individual shall not be considered to have passed a qualified written test administered pursuant to this section unless the individual achieves a test score of not less than 75 percent correct answers to questions. (h) An individual who fails the qualified written test may retake the test up to three consecutive times, although at least 30 days must pass between each retesting. (i) An applicant who fails three consecutive retests must wait at least six months before retesting. (j) A Mortgage Loan originator who fails to maintain a valid License endorsement for a period of five years or longer or who fails to register as a Mortgage Loan originator in accordance with applicable California law shall retake the qualified written test.   10166.07.   (a) A real estate Broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131, and who makes, arranges, or services one or more Loans in a calendar year that are secured by real property containing one to four residential units, shall annually file a business activities report, within 90 days after the end of the Broker's fiscal year or within any additional time as the Commissioner may allow for filing for good cause. The report shall contain within its scope all of the following information for the fiscal year, relative to the business activities of the Broker and those of any other brokers and real estate salespersons acting under that Broker's supervision:   (1) Name and License number of the supervising Broker and names and License numbers of the real estate brokers and salespersons under that Broker's supervision. The report shall include brokers and salespersons who were under the supervising Broker's supervision for all or part of the year. (2) A list of the real estate-related activities in which the supervising Broker and the brokers and salespersons under his or her supervision engaged during the prior year. This listing shall identify all of the following:   (a) Activities relating to mortgages, including arranging, making, or servicing. (b) Other activities performed under the real estate Broker's or Salesperson's License. (c) Activities performed under related licenses, including, but not limited to a License to engage as a finance lender or a finance Broker under the California Finance Lenders Law (Division 9 (commencing with Section 22000) of the Financial Code), or a License to engage as a residential mortgage lender or residential Mortgage Loan servicer under the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code).   (3) A list of the forms of media used by the Broker and those under his or her supervision to advertise to the public, including print, radio, television, the Internet, or other means. (4) For fixed rate Loans made, brokered, or serviced, all of the following:   (a) The total number, aggregate Principal amount, lowest interest rate, highest interest rate, and a list of the institutional lenders of record. If the Loan was funded by any lender other than an institutional lender, the Broker shall categorize the Loan as privately funded. (b) The total number and aggregate Principal amount of covered Loans, as defined in Section 4970 of the Financial Code. (c) The total number and aggregate Principal amount of Loans for which DRE form RE Form 885 or an equivalent is required.   (5) For adjustable rate Loans made, brokered, or serviced, all of the following:   (a) The total number, aggregate Principal amount, lowest beginning interest rate, highest beginning interest rate, highest margin, and a list of the institutional lenders of record. If the Loan was funded by any lender other than an institutional lender, the Broker shall categorize the Loan as privately funded. (b) The total number and aggregate Principal amount of covered Loans, as defined in Section 4970 of the Financial Code. (c) The total number and aggregate Principal amount of Loans for which DRE form RE Form 885 or an equivalent is required.   (6) For all Loans made, brokered, or serviced, the total number and aggregate Principal amount of Loans funded by institutional lenders, and the total number and aggregate Principal amount of Loans funded by private lenders. (7) For all Loans made, brokered, or serviced, the total number and aggregate Principal amount of Loans that included a prepayment penalty, the minimum prepayment penalty length, the maximum prepayment penalty length, and the number of Loans with prepayment penalties whose length exceeded the length of time before the borrower's Loan payment amount could increase. (8) For all Loans brokered, the total compensation received by the Broker, including yield spread premiums, commissions, and rebates, but excluding compensation used to pay fees for third-party services on behalf of the borrower. (9) For all Mortgage Loans made or brokered, the total number of Loans for which a Mortgage Loan disclosure statement was provided in a language other than English, and the number of forms provided per language other than English. (10) For all Mortgage Loans serviced, the total amount of funds advanced to be applied toward a payment to protect the security of the note being serviced. (11) For purposes of this section, an institutional lender has the meaning specified in paragraph (1) of subdivision (c) of Section   10232.   (b) A Broker subject to this section and Section 10232.2 may file consolidated reports that include all of the information required under this section and Section 10232.2. Those consolidated reports shall clearly indicate that they are intended to satisfy the requirements of both sections. (c) If a Broker subject to this section fails to timely file the report required under this section, the Commissioner may cause an examination and report to be made and may charge the Broker one and one-half times the cost of making the examination and report. In determining the hourly cost incurred by the Commissioner for conducting an examination and preparing the report, the Commissioner may use the estimated average hourly cost for all department audit staff performing audits of real estate brokers. If a Broker fails to pay the Commissioner's cost within 60 days of the mailing of a notice of billing, the Commissioner may suspend the Broker's License or deny renewal of that License. The suspension or denial shall remain in effect until the billed amount is paid or the Broker's right to renew a License has expired. The Commissioner may maintain an action for the recovery of the billed amount in any court of competent jurisdiction. (d) The report described in this section is exempted from any requirement of public disclosure by paragraph (2) of subdivision (d) of Section 6254 of the Government Code. (e) The Commissioner may waive the requirement to submit certain information described in paragraphs (1) to (10), inclusive, of subdivision (a) if the Commissioner determines that this information is duplicative of information required by the Nationwide Mortgage Licensing System and Registry, pursuant to Section 10166.08.   10166.08.   Each Mortgage Loan originator shall submit reports of condition to the Nationwide Mortgage Licensing System and Registry reports of condition, and those reports shall be in the form and shall contain information as the Nationwide Mortgage Licensing System and Registry may require.   10166.09.   The minimum standards for renewal of an endorsement as a Mortgage Loan originator shall include the following:   (a) Mortgage Loan originator continues to meet the minimum standards for obtaining an endorsement as a Mortgage Loan originator. (b) The Mortgage Loan originator satisfies the annual continuing education requirements described in Section 10166.10.   10166.10.   (a) A Mortgage Loan originator shall complete at least eight hours of continuing education annually, which shall include at least three hours relating to federal law and regulations, two hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues, and two hours related to lending standards for the nontraditional mortgage product marketplace. (b) For purposes of subdivision (a), continuing education courses and course providers shall be reviewed and approved by the Commissioner and the Nationwide Mortgage Licensing System and Registry. (c) The Commissioner shall have the authority to substitute any of the courses described in subdivision (a) for the course requirements of Section 10170.5, subject to a finding that the course requirements in subdivision (a) and the course completion standards in subdivision (g) of Section 10166.06 are substantially equivalent to, and meet the intent of, Section 10170.5. (d) Nothing in this section shall preclude any education course, as approved by the Commissioner and the Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the Mortgage Loan originator or an entity that is affiliated with the Mortgage Loan originator by an Agency contract, or any subsidiary or affiliate of the employer or entity. (e) Continuing education may be offered either in a classroom, online, or by any other means approved by the Commissioner and the Nationwide Mortgage Licensing System and Registry. (f) A Mortgage Loan originator may only receive credit for a continuing education course in the year in which the course is taken. (g) A Mortgage Loan originator may not take the same approved course in the same or successive years to meet the requirements of this section for continuing education. (h) A Mortgage Loan originator who is an instructor of an approved continuing education course may receive credit for his or her own annual continuing education requirement at the rate of two hours credit for every one hour taught. (i) A person who successfully completes the education requirements approved by the Nationwide Mortgage Licensing System and Registry in any state other than California shall be granted credit by the Commissioner towards completion of continuing education requirements in this state. (j) A Mortgage Loan originator whose License endorsement lapses, expires, or is suspended or revoked, and who wishes to regain his or her License endorsement, shall complete continuing education requirements for the last year in which the endorsement was held, prior to issuance of a new or renewed endorsement.   10166.11.   (a) A real estate Broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131 and who makes, arranges, or services Loans secured by real property containing one to four residential units, shall keep documents and records that will properly enable the Commissioner to determine whether the residential mortgage brokerage, servicing, and lending functions performed by the Broker comply with this division and with all applicable rules and orders made by the Commissioner. These documents shall include, at a minimum, the documents described in Section 10148. Upon request of the Commissioner, a real estate Broker shall file an authorization for disclosure to the Commissioner of financial records of his or her Licensed business pursuant to Section 7473 of the Government Code. (b) Notwithstanding subdivision (a) of Section 10148, the business documents and records of real estate brokers described in subdivision (a) and real estate salespersons acting under those brokers are subject to inspection and examination or audit by the Commissioner, at his or her discretion, after reasonable notice. That real estate Broker or Salesperson shall, upon request by the Commissioner and within the time period specified in that request, allow the Commissioner, or his or her authorized representative, to inspect and copy any business documents and records. The Commissioner may suspend or revoke the License of the Broker or Salesperson if he or she fails to produce documents or records within the time period specified in the request. (c) Inspection and examination or audit reports prepared by the Commissioner's duly designated representatives pursuant to this section are not public records. Those reports may be disclosed to the officers or directors of a Licensee that is the subject of the report for the purpose of corrective action. That disclosure shall not operate as a waiver of the exemption specified in subdivision (d) of Section 6254 of the Government Code.   10166.12.   (a) As often as the Commissioner deems necessary and appropriate, the Commissioner shall examine the affairs of each real estate Broker who is required to notify the Commissioner or obtain a License endorsement pursuant to Section 10166.02 for compliance with this part. These examinations shall also include a review of the affairs of all real estate brokers and real estate salespersons acting under the supervision of each real estate Broker who is required to file reports with the department pursuant to Section 10166.07. The Commissioner shall appoint suitable persons to perform these examinations. The Commissioner and his or her appointees may examine the books, records, and documents of the Licensee, and may examine the Licensee's officers, directors, employees, or Agents under oath regarding the Licensee's operations. The Commissioner may cooperate with any Agency of the state or federal government, other states, agencies, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation. The Commissioner may accept an examination conducted by one of these entities in place of an examination by the Commissioner under this section, unless the Commissioner determines that the examination does not provide information necessary to enable the Commissioner to fulfill his or her responsibilities under this division. (b) The Commissioner may impose a penalty against a real estate Broker or real estate Salesperson whose affairs are examined or reviewed pursuant to subdivision (a) based on the findings of the examination or review. The Commissioner may suspend or revoke the License or License endorsement of a real estate Broker or real estate Salesperson who fails to pay that penalty. In addition, the Commissioner may bring an action in an appropriate court of this state to collect payment of the penalty. (c) Penalties collected pursuant to subdivision (b)  shall be deposited into the Consumer Recovery Account of the Real Estate Fund and shall, upon appropriation by the Legislature, be available for expenditure for the purposes specified in Chapter 6.5 (commencing with Section 10470). (d) The statement of the findings of an examination conducted pursuant to this section shall belong to the Commissioner and shall not be disclosed to anyone other than the Licensee, law enforcement officials, or other state or federal regulatory agencies for further investigation and enforcement. Reports required of Licensees by the Commissioner under this division and results of examinations performed by the Commissioner under this division are the property of the Commissioner.   10166.13.   A real estate Broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131 and who makes, arranges, or services Loans secured by real property containing one to four residential units shall make any special reports to the Commissioner that the Commissioner may, from time to time, require.   10166.14.   A real estate Broker shall notify the department when he or she is no longer subject to this part. If a Broker has already made reports required by Sections 10166.07 and 10166.08 within the year, he or she shall continue reports for that year, but shall notify the department prior to the expiration of that year that he or she will no longer be subject to this part in the succeeding year.   10166.15.   (a) The Commissioner shall regularly report violations of this article, as well as enforcement actions taken against any Mortgage Loan originator to whom an endorsement has been issued, and enforcement actions taken against any individual for failure to obtain an endorsement as a Mortgage Loan originator, to the Nationwide Mortgage Licensing System and Registry. (b) The Commissioner shall establish a process that may be used by Mortgage Loan originators to challenge information entered into the Nationwide Mortgage Licensing System and Registry by the Commissioner. (c) The Commissioner is authorized to promulgate regulations specifying   (1) the recordkeeping requirements that Mortgage Loan originators shall satisfy and (2) the penalties that shall apply to Mortgage Loan originators for violations of this article.   10166.16.   (a) Except as otherwise provided in Section 1512 of the SAFE Act, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to that information or material, shall continue to apply to the information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. The information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law. (b) For these purposes, the Commissioner is authorized to enter agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or other associations representing governmental agencies as established by rule, regulation or order of the Commissioner. (c) Information or material that is subject to a privilege or confidentiality under subdivision (a) shall not be subject to either of the following:   (1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an Agency of the federal government or the state. (2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry with respect to the information or material, the person to whom the information or material pertains waives, in whole or in part, in the discretion of the person, that privilege.   (d) This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, Mortgage Loan originators that is included in the Nationwide Mortgage Licensing System and Registry for access by the public.   10166.17.   In addition to any other duties imposed upon the Commissioner by law, the Commissioner shall require Mortgage Loan originators to be Licensed and registered through the Nationwide Mortgage Licensing System and Registry. In order to carry out this requirement the Commissioner is authorized to participate in the Nationwide Mortgage Licensing System and Registry. For this purpose, the Commissioner may establish by rule, regulation, or order, requirements as necessary, including, but not limited to, the following:   (a) Background checks for the following:   (1) Criminal history through fingerprint or other databases. (2) Civil or administrative records. (3) Credit history. (4) Any other information as deemed necessary by the Nationwide Mortgage Licensing System and Registry.   (b) The payment of fees to apply for or renew licenses through the Nationwide Mortgage Licensing System and Registry. (c) The setting or resetting as necessary of renewal or reporting dates. (d) Requirements for amending or surrendering a License or any other activities as the Commissioner deems necessary for participation in the Nationwide Mortgage Licensing System and Registry.   10167.   The definitions used in this section shall govern the construction and terms as used in this article:   (a) "Prepaid rental listing service" means the business of supplying prospective tenants with listings of residential real properties for tenancy, by publication or otherwise, pursuant to an arrangement under which the prospective tenants are required to pay an advance or contemporaneous fee   (1) specifically to obtain listings or (2) to purchase any other product or service in order to obtain listings, but which does not otherwise involve the negotiation of rentals by the person conducting the service. "Prepaid rental listing service" does not include the business of providing roommate referral information designed to assist persons in locating a roommate who meets various selection criteria related to the prospective roommate's personal traits, characteristics, habits or preferences, and selection criteria related to the residential real property occupied by the prospective roommate.   (b) "Licensee" means a person Licensed to conduct a prepaid rental listing service or a person engaged in the business of a prepaid rental listing service under a real estate Broker License. (c) "Location" means the place, other than the main or branch office of a real estate Broker, where a prepaid rental listing service business is conducted. (d) "Designated Agent" means the person who is in charge of the business of a prepaid rental listing service at a given location. (e) "Fee" means the charge required by a Licensee (1) to obtain listings of residential real properties for tenancy or (2) to purchase any other product or service in order to obtain listings. (f) "Service charge" means the amount of the fee that a Licensee may retain if a prospective tenant finds housing through a source other than the listings supplied by the Licensee.   10167.1.   This article shall not apply to a newspaper of general circulation. 10167.2.   (a) It is unlawful for any person to engage in the business of a prepaid rental listing service unless Licensed in that capacity or unless Licensed as a real estate Broker.   (b)   (1) The requirements of this article apply only to the provision of listings of residential real properties for tenancy by prepaid rental listing services. Except if expressly provided otherwise in this article, the requirements of this article do not apply to any other goods or services sold by a prepaid rental listing service as long as the purchase of those goods or services is not required to obtain those listings, and as long as the purchase of those goods or services is not included in the same contract as the contract to provide those listings, and as long as the contract to provide those listings clearly specifies that the purchase of any other goods and services is optional, and as long as the price charged for any other goods and services is fair and reasonable. (2) In an action alleging that the price charged for any other goods and services is not fair and reasonable, the burden shall be on the Commissioner to demonstrate that the price charged unreasonably exceeds the fee customarily charged for the same or comparable goods or services in the community in which the prepaid rental listing service operates. The fact that the price charged for goods or services exceeds the cost incurred by the prepaid rental listing service shall not render the price charged for the goods or services to be unfair or unreasonable, so long as the price charged does not unreasonably exceed the fee customarily charged for the same or comparable goods or services in the community in which the prepaid rental listing service operates.   10167.3.   (a) A separate application for a License as a prepaid rental listing service shall be made in writing for each location to be operated by a Licensee other than a real estate Broker. Each application shall be on forms provided by the department, shall be signed by the applicant, and shall be accompanied by a one hundred dollar ($100) application fee for the first location, and a twenty-five dollar ($25) application fee for each additional location of the applicant. Applications to add or eliminate locations during the term of a License shall be on forms prescribed by the department. A twenty-five dollar ($25) application fee for the remainder of a License term for each location to be added shall accompany the application. (b) A real estate Broker may provide a prepaid rental listing service at a Licensed office for the conduct of his or her real estate brokerage business if the business at the office is conducted under the immediate supervision of the Broker or of a real estate Salesperson Licensed to, and acting on behalf of, the Broker.   10167.4.   The Commissioner may require such proof as he or she may deem advisable concerning the honesty and truthfulness of   (a) any applicant for a License as a prepaid rental listing service, (b) the designated Agents of the applicant, (c) the officers, directors, and any persons owning 25 percent or more of the shares of any corporation making such an application, or (d) any person owning or controlling a beneficial ownership interest of 25 percent or more in the entity making application before authorizing the issuance of a License for a location. For this purpose, the Commissioner may hold a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and may refuse to issue a License to an applicant who does not furnish satisfactory proof of his or her honesty and truthfulness or of the honesty and truthfulness of the corporate officers, directors, and shareholders. To assist in this determination, the Commissioner shall require the fingerprinting of every original applicant including designated Agents, officers, directors, and persons owning 25 percent or more of the shares of the corporate applicant.   10167.5.   The business at a location Licensed pursuant to subdivision (a) of Section 10167.3 shall be conducted under the immediate supervision of the Licensee or a designated Agent who is not a designated Agent at any other location. Whenever a designated Agent ceases permanently to be a designated Agent at any location because of death, termination of employment, or any other reason, the Licensee, within five days thereafter, shall give written notice to the department. A License issued for a particular location shall automatically expire 60 days after the time the business conducted at such location ceases for any reason to be under the charge of and managed by the designated Agent of record with the department, unless within such 60-day period the Licensee submits written notice of the new designated Agent to the department. A designated Agent of the Licensed service may serve as designated Agent for the location in question as well as for the location for which he or she is the designated Agent of record during the period of 60 days.   10167.6.   Every applicant for a prepaid rental listing service License who is not a resident of this state shall file with the application for a License an irrevocable consent that in any action arising out of the activities of the prepaid rental listing service commenced against him or her in this state, if personal service of process upon him or her cannot be made in this state in the exercise of due diligence, a valid service may be made upon him or her by delivering the process to the Secretary of State. Insofar as possible, the provisions of Section 1018 of the Code of Civil Procedure relating to service of process on the Secretary of State are applicable to this section.   10167.7.   Except as provided in Section 10167.8, each Licensee shall provide to the department, and at all times maintain in force, a bond in the amount of ten thousand dollars ($10,000) for each location. The bond may be in the form of a corporate surety bond, or a cash deposit. A cash deposit may be deposited by the Licensee in an interest-bearing account assigned to the Commissioner, with interest earned thereon payable to the Licensee. The bond or cash deposit may be utilized by the Commissioner for the benefit of any unsatisfied judgment creditor in an action pursuant to subdivision (e) of Section 10167.10. 10167.8. The requirement of Section 10167.7 shall not apply to any prepaid rental listing service operated by:   (a) a person exempt from the payment of federal and state income taxes; (b) an Agency of the federal, state, or local government; or (c) a real estate Broker conducting a prepaid rental listing service pursuant to a real estate License.   10167.9.   (a) Prior to the acceptance of a fee, a Licensee shall offer the prospective tenant a written contract, either on paper or in electronic form, which shall include at least the following:   (1) The name of the Licensee and the addresses and telephone numbers of the Principal office or location of the Licensee and of the location, or branch office of a real estate Broker, providing the listing to the prospective tenant. (2) Acknowledgment of receipt of the fee, including the amount. (3) A description of the service to be performed by the Licensee, including significant conditions, restrictions, and limitations where applicable. (4) The prospective tenant's specifications for the rental property, including, but not limited to:   (a) Type of structure, including, detached single-family home, apartment, or duplex. (b) Location by commonly accepted residential area name, by designation of boundary streets, or by any other manner affording a reasonable means of identifying locations acceptable to the prospective tenant. (c) Furnished or unfurnished. (d) Number of bedrooms required. (e) Maximum acceptable monthly rental.   (5) The contract expiration date, which shall not be later than 90 days from the date of execution of the contract. (6) A clause setting forth the right to a full or partial refund of the fee paid as provided in Section 10167.10. (7) The signature and printed full name of the Licensee or of the designated Agent, real estate Salesperson, or employee acting on behalf of the Licensee. The signature of any person, including any signature required by the terms of the contract to be provided by the prospective tenant, may be provided in any electronic form that provides a reasonable method of indicating that the individual whose signature is required authorized the contract to be signed in that electronic form. (8) A clause in bold type letters outlining the small claims court remedy available to the prospective tenant. (9) A clause in boldface type letters clearly stating that the purchase of any goods and services other than the provision of listings of residential real properties for tenancy is optional.   (b)   (1) The original of each contract, any separate contracts for required goods or services, refund claims, receipts and any other relevant documents shall be retained by the Licensee for a period of not less than three years from the date of termination of the contract during which time the contract shall be subject to examination by a duly authorized representative of the Commissioner. Any records retained pursuant to this subdivision that are stored in the ordinary course of business in digital media shall, upon request of a duly authorized representative of the Commissioner, be provided on diskette, CD-ROM or similar portable digital storage medium. For purposes of this subdivision, the "original" of a contract executed in electronic form shall be either the copy of the contract stored in digital media or a paper printout of that contract. (2) Any Licensee, or employee thereof, shall dispose of the documents required to be kept pursuant to paragraph (1) by shredding or other appropriate means so that the identity of the prospective tenant may not be determined from the disposed information alone or in combination with other publicly available information. (c) The form of contract proposed to be used by a Licensee to effect compliance with this section shall be filed with the department prior to use. Any modification of a form previously filed with the department, including a change in the name or business address of the Licensee, shall also be filed prior to use. The department shall withhold the issuance or renewal of a License until the department has approved the contract. If a proposed modification to a contract has not been approved or disapproved within 15 working days of being filed with the department, the proposed modification shall be deemed approved. If a proposed modification or contract provision is disapproved, the department shall communicate that disapproval in writing to the Licensee within 15 working days of being filed with the department, accompanied by a written justification of why the modification or contract provision is contrary to the requirements of this article. (d) Notwithstanding any other provision of law, a contract for prepaid rental listing services executed in electronic form, and signed in any electronic form that provides a reasonable method of indicating that the individual whose signature is required authorized the contract to be signed in electronic form, shall be valid to the same extent as an executed written contract. Upon request by the customer, the Licensee shall deliver an executed paper copy to the customer within five working days of receiving the request.   10167.10.   (a)   (1) A Licensee shall refund in full the fee paid by a prospective tenant if the Licensee does not, within five days after execution of the contract, supply at least three rental properties then available to the prospective tenant and meeting the specifications of the contract, unless the prospective tenant obtains a rental through the services of the Licensee. (2) A Licensee will be deemed to have supplied information meeting the specifications of the prospective tenant if the information supplied meets the contract specifications with reference to:   (i) type of structure; (ii) designated area; (iii) furnished or unfurnished; (iv) number of bedrooms; (v) maximum rental; and (vi) any other specification expressly set forth in the contract.   A demand for the return of the fee shall be made by or on behalf of the prospective tenant within 10 days following the expiration of the five-day period referred to above by delivery or by mailing by registered or certified mail to the address of a location, or branch office of a real estate Broker, set forth in the contract.   (b)   (1) Except as provided in paragraph (3), a Licensee shall refund any fee paid over and above the sum of a fifty dollar ($50) service charge to the prospective tenant if the prospective tenant obtains a rental other than through the services of the Licensee during the term of the contract or does not obtain a rental, provided that the prospective tenant demands a return of that part of the fee within 10 days after the expiration of the contract. (2) The Licensee shall refund any fee paid over and above the sum of a fifty dollar ($50) service charge to the prospective tenant within 10 days of receipt from the prospective tenant of either the documentation specified in subparagraph (a) or the written statement specified in subparagraph (b), as applicable:   (a) Except as specified in subparagraph   (b), a prospective tenant demanding a refund shall provide to the Licensee reasonable documentation of the prospective tenant's new rental or of the fact that the prospective tenant did not move, such as a lease, rental agreement, or utility bill, with sufficient information to verify that the new rental was not obtained through the services of the Licensee or that the prospective tenant did not move.   (b) If the prospective tenant is unable to locate or provide the documentation specified in subparagraph (a), the prospective tenant may, at his or her option, fill out and sign a written statement, supplied by the Licensee, in the following form:   I, ______________________________ , do swear (name of prospective tenant) or affirm the following: I currently live at __________________. (street address) The following statement is true (check one): _____ I have rented a unit at the above address. I did not obtain this rental through the services of _________ (name of __________ Licensee) during the time of our contract. _____ I did not find a new rental and did not move. I still live at the above address. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. ________ (date) ____________ (location) _____________ (signature)   (3) On or after January 1, 2002, the department may, from time to time, by regulation, adjust the amount of the allowable service charge to reflect the rate of inflation from the previous date that the amount of the allowable service charge was established, as measured by the Consumer Price Index or other method of measuring the rate of inflation which the department determines is reliable and generally accepted.   (c) Each contract shall contain provisions that shall read as follows unless different language shall have been approved in writing by the department prior to use: "RIGHT TO REFUND (Full capital letters, in 12-point type or greater, boldface or italicized) If, within five days after payment of a fee, the Licensee has not supplied the prospective tenant with at least three available rental properties meeting the specifications of the contract as to   (i) type of structure; (ii) designated area; (iii) furnished or unfurnished; (iv) number of bedrooms; (v) maximum rental; and (vi) any other specification expressly set forth in the contract, the full amount of the fee paid shall be refunded to the prospective tenant upon presentation of evidence of that failure within 10 days after the expiration of the five-day period.   The prospective tenant is not entitled to a refund if the prospective tenant obtains a rental through the services of the Licensee. If the prospective tenant obtains a rental other than through the services of the Licensee during the term of this contract or if the prospective tenant does not obtain a rental through the services of the Licensee during the term of the contract, the Licensee shall refund the fee received in excess of a (insert applicable limit pursuant to subdivision (b) of Section 10167.10 of the Business and Professions Code) service charge to the prospective tenant within 10 days after the prospective tenant supplies either (i) reasonable documentation of the prospective tenant's new rental or of the fact that the prospective tenant did not move, such as a lease, rental agreement, or utility bill, with sufficient information to verify that the new rental was not obtained through the services of the Licensee or that the prospective tenant did not move, or (ii) if the prospective tenant is unable to locate or provide that documentation, the prospective tenant may, at his or her option, fill out a written form provided by the Licensee and signed by the prospective tenant under penalty of perjury stating that he or she did not obtain a rental through the services of the Licensee during the time of the contract.   To be entitled to a refund in excess of the service charge, the prospective tenant must mail or deliver the demand for refund not later than 10 days after expiration of this contract, and must supply either (i) reasonable documentation of the prospective tenant's new rental or of the fact that the prospective tenant did not move, such as a lease, rental agreement, or utility bill, with sufficient information to verify that the new rental was not obtained through the services of the Licensee or that the prospective tenant did not move, or (ii) a written form provided by the Licensee and signed by the prospective tenant under penalty of perjury stating that he or she did not obtain a rental through the services of the Licensee during the time of the contract. The documentation may be supplied after the demand for a refund is mailed or delivered, provided that it is supplied within a reasonable time after it becomes available".   (d) This section shall not apply to a person purchasing rental information for a purpose other than that of locating a rental unit for personal use or the use of a designated person. (e) If the Licensee fails to make a refund as provided in this section and if the denial or delay in making the refund is found to have been done in bad faith, a court of appropriate jurisdiction, including a small claims court, shall be empowered to award damages to the plaintiff in an amount not to exceed one thousand dollars ($1,000) in addition to actual damages sustained by the plaintiff. If the Licensee refuses or is unable to pay the damages awarded by the court, the award may be satisfied out of the security required under Section 10167.7.   10167.11.   It shall be a violation of this article for any Licensee or any employee or Agent of a Licensee to do the following:   (a) Make, or cause to be made, any false, misleading, or deceptive advertisements or representations concerning the services that the Licensee will provide to prospective tenants. (b) Refer a property to a prospective tenant knowing or having reason to know that:   (1) The property does not exist or is unavailable for tenancy. (2) The property has been described or advertised by or on behalf of the Licensee in a false, misleading, or deceptive manner. (3) The Licensee has not confirmed the availability of the property for tenancy during the four-day period immediately preceding dissemination of the listing information. However, it shall not be a violation to refer a property to a prospective tenant during a period of from five to seven days after the most recent confirmation of the availability of the property for rental if the Licensee has made a good faith effort to confirm availability within the stated four-day period, and if the most recent date of confirmation of availability is set forth in the referral. (4) The Licensee has not obtained written or oral permission to list the property from the property owner, manager, or other authorized Agent.   10167.12.   (a) The Commissioner may suspend, deny, or revoke the License of a Licensee or the License of the Licensee to operate at one or more locations for either of the following:   (1) A violation of this article by a Licensee or by an employee or Agent, including a designated Agent, of the Licensee. (2) A conviction of a Licensee, or a designated Agent, or of an officer, director, or owner of 25 percent or more of the shares of a corporate Licensee for a crime which is substantially related to the qualifications, functions, or duties of a prepaid rental listing service Licensee.   (b) For the purpose of determining whether grounds exist for suspending, denying, or revoking the License of a Licensee, the Commissioner shall hold a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.   10167.13.   A prepaid rental listing service License issued by the department shall be for a period of two years. An application and fee for renewal filed with the department before midnight of the last day of the period for which a previous License was issued entitles the Licensee to continue operating at all locations specified in the previous License for which a renewal fee is paid.   10167.14.   Whenever any person has engaged or threatens to engage in any acts or practices which constitute, or will constitute a violation of a provision of the article, the superior court of the county in which the acts or practices have taken place, or are about to take place, on complaint of the Commissioner, the Attorney General, district attorney, or city attorney, may enjoin such acts or practices by appropriate order. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required.   10167.15.   Any person, including an officer, director, or employee of a corporation who willfully violates any provision of this article is guilty of a Misdemeanor.   10167.16.   A person or corporation Licensed pursuant to this article and not engaging in acts for which a real estate License is required under Article 1 (commencing with Section 10130) of Chapter 3 of Part 1 of Division 4, shall be subject, in addition to the provisions of this article, to the provisions of Chapter 1 (commencing with Section 10000) and Chapter 2 (commencing with Section 10050) of Part 1 of Division 4, and to Sections 10450, 10452, 10453, and 10454.   10167.17.   The Commissioner shall, by regulation, make prepaid rental listing service Licensees and applicants for prepaid rental listing service licenses subject to the same provisions respecting licensure as are applicable to real estate licenses under Sections 10151.5, 10156.5, 10156.6, 10156.7, 10200, and 10201.   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. index   www.pseudology.org