The California Department of Real Estate (“DRE”) is in the process of adopting proposed regulations Section 2907.1, 2907.2, 2907.3, and 2907.4 within Chapter 6, Title 10 of the California Code of Regulations. The proposed sections relate to the issuance of citations and the associated fines to real estate licensees in Read more…
Agriculture is a major industry for the Golden State. With 88,000 farms and ranches, California agriculture is nearly a $36.6 billion dollar industry that generates at least $100 billion in related economic activity. In 1919, the California Legislature created a single department responsible for protecting and promoting agriculture. The California Read more…
On January 1, 2012, a new section was added to the Business and Professions Code which expanded mandated reporting for real estate licensees of certain events to the Department of Real Estate (DRE). The requirement, contained in section 10186.2 of the Business and Professions Code, provides that a real estate Read more…
Each year, California legislators create thousands of new bills, a percentage of them which eventually become law. Employers should be aware of the following employment laws, which came into effect on January 1, 2013. This is the first of a two-part post. Wage Statement Violations (Labor Code § 226) – Read more…
The tradeoff between civil liberties and security presents complex, difficult issues for our courts, which must attempt to apply long-standing constitutional and precedential principles to rapidly changing technology and contemporary realities. In “Rights at Risk,” Pulitzer Prize winning journalist and author David Shipler discusses some examples of these complex issues, Read more…
The California Physical Therapy Association will be having its 2012 annual conference next week Friday through Sunday (September 28-30) in Santa Clara, California, at the Santa Clara Convention Center and Hyatt Regency Hotel. According to James Syms, PT, DSc, ATC, SCS, six reasons for California physical therapists (PT) and PT Read more…
Two bills presently in a hold pattern in the California legislature have been boosted by the results of a recent field poll. Legalizing sports betting is favored by 58 percent of all registered voters – a 23 percentage-point margin over opponents – receiving thumbs up from both genders and all age groups, Read more…
The State Bar of California has the duty to ensure all attorneys abide by the Rules of Professional Conduct that are approved by the California Supreme Court. The Current Rules of Professional Conduct have not been modified since 1992. The State Bar of California and the California Supreme Court have been considering a major Read more…
There is some controversy and legal maneuvering regarding two recent animal-protection laws in California. Regardless of whether you enjoy foie gras or shark fin soup, the arguments over loopholes, principles of federalism and even possible racial overtones make for an interesting story. In 2004, then-state Senator John Burton authored SB Read more…
California law requires administrative agencies to comply with the California Administrative Procedure Act (“APA”) (Government Code §§ 11340, et seq.) when adopting regulations. A regulation that does not go through this process is called an “underground regulation” and is subject to legal challenge in the courts. Further, a regulation that makes it through this process, but results from some deficiency in the process may also be invalid and subject to challenge in court.
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