Chapter 6 Flashcards
Breach of Trust
The willful misappropriation of something that was delivered in confidence.
Citation
Declaration of alleged offences and the associated penalties.
Complaint
Allegations regarding someone’s behavior or actions (or lack thereof).
Concealment
Failure to display something or divulge information.
Culpable Negligence
Inadequate performance of responsibilities by those who know, or should know what is expected of them.
Formal or Administrative Complaint
If probable cause is found by the FREC Probable Cause Panel a formal or “administrative” complaint is filed against the licensee involved. The formal complaint clearly defines all of the charges against the licensee.
Fraud
The intent to intentionally deceive or misrepresent a material fact in order to gain an unfair advantage or to harm another person.
Legally Sufficient
A complaint that contains facts that indicate a violation has occurred of a Florida statute or a FREC or DBPR rule.
Misrepresentation
A false statement or concealment of a material fact made with the intention of inducing some action by another party.
Moral Turpitude
An act or behavior that gravely violates the sentiment or accepted standard of the community.
Notice of Noncompliance
Issued by the DBPR in the case of a minor rule violation that does not endanger the public safety, health or welfare.
Probable Cause
Reasonable grounds or justification for prosecuting
Recommended Order
A determination by an administrative law judge that includes findings and conclusions, as well as the recommended penalty, if any, required by law or agency rule.
Stipulation
An agreement as to the penalty reached between the attorneys for the DRE and the licensee or licensee’s attorney.
Subpoena
A legal process ordering a witness to appear and give testimony under penalty of law.
