Today's Law As Amended

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AB-429 Real Estate Commissioner: powers.(2013-2014)

As Amends the Law Today


 Section 10079 of the Business and Professions Code is amended to read:

 (a) The Attorney General shall render to the commissioner opinions upon all questions of law relating to the construction or interpretation of this part or Chapter 1 of Part 2 or arising in the administration thereof that may be submitted to him or her by the commissioner. Except as provided in subdivision (b), the Attorney General shall act  act, upon the commissioner’s request,  as the attorney for the commissioner in all actions and proceedings brought by or against him or her in civil or criminal courts  under or pursuant to any of the provisions of this part or of Chapter 1 of Part 2.
(b) The commissioner shall commence, prosecute, and resolve administrative actions and proceedings to enforce the provisions and to pursue violations of the Real Estate Law (Chapter 1 (commencing with Section 10000) and the Subdivided Lands Law (Chapter 1 (commencing with Section 11000) of Part 2), and shall employ those attorneys, deputies, and employees as he or she may need for the proper handling, prosecution, management, and resolution of those administrative actions and proceedings.
(b) (c)  In the case of refusal by a licensee to obey a  an administrative  subpoena issued to that licensee, the commissioner may, by a noticed motion, apply through his or her attorneys, or attorneys employed by the Attorney General,  to the superior court for, and the superior court may issue to the licensee, an order requiring the licensee to appear before the commissioner, or the representative designated by the commissioner, to produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation or in question. Failure of the licensee to obey the order of the court may be punished by the court as a contempt.