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Real Estate Associates Test > ***Ch 20. License law violation, penalties, and procedures*** > Flashcards

***Ch 20. License law violation, penalties, and procedures*** Flashcards

1
Q

A minor infraction of the license law that generally results in a small fine

A

Citation

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2
Q

A charge or accusation that a licensee has committed a specified offense

A

Complaint

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3
Q

An outline of charges brought by the DBPR against an applicant or licensee after a finding of probable cause

A

Formal Complaint

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4
Q

When the initial complaint alleges a violation of any Florida Statute, DBPR rule, or FREC rule it is considered?

A

Legally Sufficient

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5
Q

A warning that allows a licensee 15 days to correct a minor infraction without consequence, does not endanger the health, safety, or welfare of the public.

A

Notice of Non-Compliance

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6
Q

Reasonable grounds or justification for prosecution

A

Probable Cause

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7
Q

A final report prepared by an Administrative Law Judge (hearing officer) containing finding of facts, conclusions, and suggested penalties, if any.

A

Recommended Order

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8
Q

A legal process of ordering a witness to appear and testify before a court of law or formal administrative hearing

A

Subpoena

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9
Q

Emergency or immediate suspension of a license

A

Summary Suspension

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10
Q

Administrative Hearing Rules and Procedures

A

Chapter 120

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11
Q

Division of Professions and Occupations

A

Chapter 455

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12
Q

Real Estate License Law

A

Chapter 475

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13
Q

FREC Rules and regulations

A

Rule 61J2

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14
Q

Division of Administrative Hearings

A

Rule 60Q

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15
Q

What are the first 3 disciplinary steps that are private and not public record

A

Complaint
Investigation
Probable cause panel
*CIP

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16
Q

What are the last 4 disciplinary steps that are not private/ public record?

A 
Formal Complaint
Informal conference/ formal hearing
Final order
Appeal
FIFA
17
Q

What does the probable cause panel consist of?

A

2 members of FREC

1 member may be a former active member and the other must hold a real estate license

18
Q

How many days does a license or the DBPR have to object if they disagree with the content of the recommended order?

A

objection must be filed within 10 days

19
Q

How many days does a licensee have to file a written response to the DBPR that either admits or denies an allegation?

A

20 days

20
Q

The Final Order becomes effective how many days after it has been entered.

A

30 days

21
Q

To obtain a stay of the final order, a court must issue a what until the appeal process is concluded.

A

Writ of Supersedes

22
Q

What is the largest fine that can be imposed by FREC and how many days do you have to pay it?

A

$5,000 in 15 days

23
Q

Punishment for a second degree misdemeanor imposed by a court of law?

A

punishable up to $500 fine and/or up to 60 days in jail

24
Q

Punishment for a First degree misdemeanor imposed by a court of law?

A

punishable up to $1,000 fine and/or up to 1 year in jail

25
Q

What are two violations that are considered misdemeanors of the first degree?

A

Unlawfully collecting an advance fee for listing real estate

Failing to provide accurate and current rental information for a fee

26
Q

Punishment for a third degree misdemeanor imposed by a court of law?
ex. paying or sharing a real estate sale or commission with an unlicensed person

A

punishable up to $5,000 fine and/or up to 5 year in jail

27
Q

established to reimburse individuals that were financially injured by a licensee

A

Florida Real Estate Recovery Fund

28
Q

If money is paid from the recovery fund because of licensee’s misconduct, what happens to the license until the money is repaid plus interest

A

license will be automatically suspended

29
Q

How much will the recovery fund pay up to per single judgement and multiple judgements

A

$50,000 single judgements
$150,000 multiple judgements
Punitive is not included

Real Estate Associates Test (13 decks)

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