Real Estate Commissioner: powers.

The Real Estate Law provides for the regulation and licensure of real estate brokers and real estate salespersons by the Real Estate Commissioner. Existing law requires the Attorney General, subject to exception, to act as the attorney for the commissioner in actions and proceedings brought by or against the commissioner under or pursuant to the Real Estate Law or the Subdivided Lands Law, as specified. Existing law authorizes the commission to apply to the superior court, by noticed motion, for an order requiring a real estate licensee who has refused to obey a subpoena issued to the licensee by the commissioner to appear before the commissioner, or other representative, as specified. This bill would recast these provisions to require the Attorney General to act as the attorney for the commissioner in actions and proceedings brought by or against the commissioner under or pursuant to the Real Estate Law or the Subdivided Lands Law upon request of the commissioner in civil and criminal courts. The bill would authorize the commissioner to prosecute administrative actions and proceedings to enforce the provisions and pursue violations of the Real Estate Law and the Subdivided Lands Law, would require the commissioner to employ attorneys, deputies, and other employees for those purposes, and would require the Attorney General to act as attorney for the commissioner in those instances, upon request of the commissioner. The bill would require the commissioner to act through the commissioner's attorneys or attorneys employed by the Attorney General in seeking an order to appear for a licensee who has refused to obey a subpoena, as specified, and clarify that the order pertains to compliance with an administrative subpoena.