Cal. Code Regs. tit. 10 § 3728

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3728 - Confidential Report of Investigation

(a) Each complaint shall result in a confidential investigative report showing a summary of the acts and/or omissions alleged, and a summary of the supporting evidence together with a recommendation for appropriate enforcement action, if any.

(b) Where the confidential investigation report shows that the allegations are supported by credible evidence that a violation of law or regulations has occurred and that the applicant, licensed appraiser, Registrant or person or entity acting in a capacity requiring a license or Certificate of Registration has committed the violation, and that the violation is substantially related to the qualifications, duties, or functions of an appraiser, the Bureau shall issue a citation and/or order of abatement, or shall file an accusation or statement of issues against the applicant, licensed appraiser, Registrant or person or entity acting in a capacity requiring a license or Certificate of Registration.

(c) Where the confidential investigative report shows that the allegations, even if true, do not constitute a violation of the law or regulations, that the allegations are not supported by sufficient credible evidence, or that the facts show a complete defense or legal justification, the investigation shall be closed.

(d) Notwithstanding any other provision of this chapter, the Chief may release information concerning confidential investigations and complaints to a law enforcement agency or to another regulatory agency to which the appraiser or Registrant has applied for licensure.

Cal. Code Regs. Tit. 10, § 3728

1. Renumbering and amendment of former section 3555 to new section 3728 filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44). For prior history, see Register 94, No. 26.
2. Amendment of subsections (b) and (d) filed 1-21-2010 as an emergency; operative 1-21-2010 (Register 2010, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-20-2010 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (b) and (d) refiled 7-21-2010 as an emergency; operative 7-21-2010 (Register 2010, No. 30). A Certificate of Compliance must be transmitted to OAL by 10-19-2010 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (b) and (d) refiled 10-18-2010 as an emergency; operative 10-18-2010 (Register 2010, No. 43). A Certificate of Compliance must be transmitted to OAL by 1-18-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-18-2010 order transmitted to OAL 12-17-2010 and filed 1-31-2011 (Register 2011, No. 5).
6. Change without regulatory effect amending subsections (b) and (d) filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).

Note: Authority cited: Sections 11314 and 11315, Business and Professions Code. Reference: Sections 480, 490 and 11320, Business and Professions Code.