2007 California Business and Professions Code Article 3. Hearings

CA Codes (bpc:10100-10103)

10100.  Before denying, suspending or revoking any license issuable
or issued under the provisions of this part, the department shall
proceed as prescribed by Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, and the
department shall have all the powers granted therein.




10100.2.  A licensee against whom an investigation is pending or an
accusation has been filed pursuant to Section 11503 of the Government
Code may petition the commissioner to voluntarily surrender his or
her license.  The surrender of a license shall become effective upon
acceptance by the commissioner and thereafter, a surrendered licensee
may be relicensed only by petitioning for reinstatement pursuant to
Section 11522 of the Government Code.  When deciding a petition for
reinstatement, the commissioner may consider all relevant evidence,
including affidavits.



10101.  The accusation provided for by Section 11503 of the
Government Code shall be filed not later than three years from the
occurrence of the alleged grounds for disciplinary action unless the
acts or omissions with which the licensee is charged involves fraud,
misrepresentation or a false promise in which case the accusation
shall be filed within one year after the date of discovery by the
aggrieved party of the fraud, misrepresentation or false promise or
within three years after the occurrence thereof, whichever is later,
except that in no case shall an accusation be filed later than 10
years from the occurrence of the alleged grounds for disciplinary
action.



10103.  The lapsing or suspension of a license by operation of law
or by order or decision of the  department  or a court of law, or the
voluntary surrender of a license by a licensee shall not deprive the
department  of jurisdiction to proceed with any investigation of or
action or disciplinary proceeding against such licensee, or to render
a decision suspending or revoking such license.