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7.
NOTIFICATION
7.1 Notice.
Whenever notice of any matter is
required to be given to BAREIS,
it must be given in writing,
within the time specified, by
mail, email, or facsimile.
7.2
Notification of California
Department of Real Estate (DRE)
or California Office of Real
Estate Appraisers (OREA)
Action. Members are required to
notify BAREIS within 24 hours of
any final action taken by the
DRE or the OREA against the
Member, including but not
limited to any final decisions
restricting, suspending, or
revoking the real estate license
or appraiser’s certificate or
license of a Participant or
Subscriber, the business entity
under which the Participant or
Subscriber acts, or any real
estate licensee affiliated with
the Participant or the
Participant’s business entity,
or any certified or licensed
appraiser who was affiliated
with the Participant or the
Participant’s business entity at
the time of the underlying act.
7.3
Supervision of Licensees. In
addition to the notification
requirements of Regulation 7.2,
a broker Participant may not
allow any real estate licensee
under the broker Participant’s
license whose license has been
revoked, suspended, or
restricted by either the DRE or
the OREA to use the MLS Data in
any manner while the DRE or the
OREA discipline is in effect,
except that the real estate
licensee may be able to use MLS
Data under a restricted license,
provided such use is consistent
with and does not violate such
license restrictions.
7.4
Notification of Licensees. On
January 15th of each
year, each Participant shall
provide BAREIS with a list of
all real estate licensees or
brokers, or certified or
licensed appraisers employed by
or affiliated as independent
contractors with such
Participant’s business entity,
and shall immediately notify
BAREIS of any changes,
additions, or deletions to the
list. This list shall include
any real estate licensees under
any broker associate affiliated
with the Participant. The
Participant must file a “MLS
Participation Fee Waiver Request
Form & Certificate of Non-use”
for any real estate licensee
with the firm that will not be
accessing the MLS Database. The
Participant is responsible for
insuring that any non-Member
real estate licensee in any way
affiliated with such Participant
will not access the MLS
Database.
7.5
Violation of Certificate of
Non-use. In the event a real
estate licensee or broker,
administrative assistant, or
certified or licensed appraiser
is found to be using the MLS
Database in violation of the
Certificate of Non-use, the
Participant shall be subject to
fees dating back to the date of
the certification or affiliation
of the real estate licensee with
the Participant’s business
entity. Listings associated
with a real estate licensee
subject to a waiver filed with
BAREIS shall not be included in
the MLS Database, and references
to a waived real estate licensee
shall not be included anywhere
in the MLS Data. The Member
also may be subject to any other
sanctions that can be imposed
for violation of these Rules and
Regulations and ultimately lose
access to the MLS Data.
7.6
Violations of the Law. A Member
shall not commit a felony or a
crime involving moral turpitude
or violate the real estate law,
including the rules and
regulations of the California
Department of Real Estate, or
the laws relating to
appraisers. However, a Member
shall not be found to have
violated this Regulation 7.6
unless the Member: (a) has been
convicted, adjudged, or
otherwise recorded as guilty by
a final judgment of any court of
competent jurisdiction of a
felony or a crime involving
moral turpitude, or (b) it is
determined by any court of
competent jurisdiction or an
official of the State of
California authorized to make
the determination that the
Member violated a provision of
the California real estate law,
including the rules and
regulations of the California
Department of Real Estate
relating to appraisers.
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