Chapter 06 - Complaints, Violations, and Penalties Flashcards
Administrative complaint
An outline of allegations of facts and charges against the licensee.
Breach
The breaking of a promise or obligation.
Commingle
To mix the money of a buyer or seller with a broker’s own money.
Complainant
The person who makes an allegation or a charge against another person.
Citations
Fines for violations that have been specified in the citation rule for which there is no substantial threat to the public health, safety, and welfare.
Complaint
An alleged violation of a law or rule.
Concealment
The withholding of information.
Conversion
A licensee’s personal use or misuse of client (or customer) monies.
Culpable negligence
Failing to use the care that a reasonable person would exercise.
Division of Administrative Hearings (DOAH)
The entity that employs administrative law judges (ALJs) to conduct formal hearings of administrative complaints against licensees.
Failure to account for and deliver
The act of failing to pay money to a person entitled to receive it.
Final order
The Commission’s final decision as to innocence or guilt and the determination of the appropriate penalty.
Formal complaint
An outline of the charges against a licensee that must be answered within the statutory time limit; also referred to as an administrative complaint.
Formal hearing
A disciplinary hearing heard by an administrative law judge if the licensee-respondent either requests a formal hearing or if the licensee-respondent disputes the allegations.
Fraud
The intent to misrepresent a material fact or to deceive to gain an unfair advantage or to harm another person.
Informal hearing
A disciplinary hearing that is an expedited way of resolving a disciplinary case provided that the licensee does not dispute the alleged facts stated in the complaint.
Legally sufficient
A complaint that contains facts indicating that a violation has occurred of a Florida statute, a DBPR rule, or a FREC rule.
Material fact
A piece of information that is relevant to a person making a decision and that affects the value of the real property.
Misrepresentation
An untrue statement of fact or the concealment of a material fact.
Moral turpitude
Conduct contrary to honesty, good morals, justice, and accepted custom.
Notice of noncompliance
Issued by the DBPR for a first-time, minor rule violation that does not endanger the public health, safety, and welfare.
Probable cause
Reasonable grounds (sufficient facts and evidence) to warrant prosecution.
Recommended order
An administrative law judge’s findings, conclusions, and recommended penalty.
Stipulation
An agreement as to the penalty reached between the attorneys for the DRE and the licensee or licensee’s attorney.
Subpoena
A command to appear at a certain time and place to give testimony.
Summary suspension
An emergency suspension that must be issued by the DBPR Secretary or the Secretary’s designee.
