Administrative Hearings for Real Estate Violations
The Department of Real Estate takes real estate violations very seriously. When an accusation is filed against you, you will be required to attend administrative hearings and meet with your board. With the help of a professional license defense lawyer, settlements can be reached outside of the courtroom. However, if you are unhappy with what your board is offering, the investigation can be continued and taken into a formal meeting
What Happens at Administrative Hearings?
An administrative hearingis similar to a court trial that you see on TV, except there are no jury members. Instead, you have other professionals such as an administrative law judge, a defense attorney, and a prosecuting attorney. Like traditional court proceedings, both parties begin with opening statements, examine and cross-examine witnesses and experts, and end with closing arguments. The questions asked during the hearing are specific to your case and the real estate violations you are being accused of. While the prosecuting attorney will be working to prove that you are guilty of these violations, your license defense lawyer will be using witnesses, experts, and facts to protect your career.
Once the hearing has been completed, the judge will determine your discipline and share his recommendation with the DRE.
After your hearing, the administrative law judge has 30 days to issue a proposed decision to your board. These recommended disciplines could include probation, license restrictions, fines, suspension, and even revocation. Once the board has received this proposal from the judge, they then have 30 days to let you know the results of their decision. During this time period, they will decide whether or not they agree with the judge’s recommendations. Once this decision has been made, the board then has 100 days to adopt, reject, or modify the proposed order of the judge. After this long waiting period, you will finally know what discipline you will be facing from the DRE.
This evaluation period can take months and keep you under a lot of unnecessary stress. This is why it’s important to have a professional license defense attorney you can rely on. Your attorney can help keep you out of the courtroom and get you back to work quickly. Even if your case does require an administrative hearing, your attorney can take care of all the heavy lifting and eliminate the majority of the burden of your investigation.
The most common real estate violations the DRE investigates are trust fund recordings, trust fund shortages, supervision failures, unlicensed activities, misrepresentations, and criminal convictions.
As licensed professionals, we know how much time and effort it took to get your license and how important it is to protect your career. If you are facing discipline by your board, agency, or department, call us so that we can help you through the process and get you the best possible result.
Unlock Legal provides focused representation in criminal defense and defense for California licensed professionals. Contact Unlock Legal today or give us a call at 949-268-2857 to speak with a professional about your case and your unique needs. You’ll find we are compassionate, easy to talk to, and willing to help in any capacity we can.
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