Legal Question in Administrative Law in California

Re: Real estate licensing

YOU SHOULD HAVE RECIEVED INFORMATION REGARDING THE PROCESS WHEN YOU GOT YOUR DECISION. Call for more help. GOOD LUCK LARRY WOLF 310 277 1707

Re: Real estate licensing

The previous answers don't provide much substantive assistance, and I'm not sure how much I can give either, but here are a few basics:

A decision by an administrative agency such as the DRE is usually not appealable to the courts until all so-called administrative remedies have been exhausted. In other words, if the DRE has a process permitting further review, appeal, re-application, reconsideration, or anything of this kind, you have to go that route as far as possible before you're entitled to sue the DRE.

Next, it may make a difference in your chances upon appeal whether the DRE's authority in your matter was discretionary, or whether their role was ministerial. For example, a county must issue a building permit if the contractor has properly filled out the application and what he's proposing to do is within code and zoning rules. However, the ABC Board can reject an application for a liquor license based upon its discretion as to the applicant's fitness.

Where the agency has discretion, the courts are reluctant to overturn their decisions unless the plaintiff can show a clear abuse of discretion.

On the other hand, an agency refusal to perform a purely ministerial task doesn't require nearly as much proof.

The type of suit to bring may be a petition for a writ of administrative mandate.

Re: Real estate licensing

Your question cannot really be answered without more specific reasons as to why your application was denied. Please contact our office and we may be able to assist you with your matter further.

This is general information that I hope has been helpful to you. However, you should always obtain legal counsel familiar with your specific circumstances. We may be able to assist you with your legal issues. If we can assist you in the future, please contact us at www.unalaw.com and somebody will assist you as soon as possible.