Under Title 10 of the California Code of Regulations, Article 18.6, section 2921, licensees subject to discipline by way of a filed Accusation may petition the Commissioner (now Bureau Chief) of the Bureau of Real Estate (BRE) for a monetary penalty in lieu of other discipline. This petition may serve as a method for feeling out the BRE as to whether discipline less severe than revocation could be acceptable. However, the cost could be that the BRE agrees to impose a more severe discipline than what would be recommended as a result of a hearing before the Office of Administrative Hearings.
Under the regulation, it indicates that no particular form of petition, argument, or evidence is required. However, as the petition serves as a form of mea culpa, the petitioner would be wise to include evidence of rehabilitation, mitigation, and good character, as defined by section 2912.
The petition can be filed immediately upon receipt of the Accusation. Or, the petition can be filed up to the effective date of a decision imposing discipline after a hearing. So, if the above referenced gamble is too great, waiting until revocation or suspension is actually imposed may be in your best interest. Upon receipt of a timely petition, the Bureau Chief shall grant a stay of the effective date of the decision for a period of up to 30 days for the purpose of determining whether the public interest and welfare will be adequately served if the petition is granted.