Chapter 6: Violations of License Law, Penalties, and Procedures Flashcards

1
Q

Courts can impose criminal and civil penalties against a licensee; FREC can impose _____ penalties.

A

administrative

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2
Q

The civil penalty for unlicensed practice of real estate is a min of _____ to a max of _____.

A

$500

$5000

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3
Q

Criminal violations of Chapter 475 are usually _____ degree _____.

A

second degree misdemeanors

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4
Q

Rental nformation violations are considered _____ degree _____.

A

first degree misdemeanors

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5
Q

Unlicensed activity is considered a _____ degree _____.

A

third degree felony

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6
Q

If a licensee commits fraud or an unlicensed person performs a transaction, commission ______ due.

A

FREC _____ deny payment of a commission to a licensee.

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7
Q

FREC _____ deny payment of a commission to a licensee.

A

can not

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8
Q

Administrative fines FREC can impose are a max of _____.

A

$5,000

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9
Q

Maximum suspension time is _____.

A

10 years

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10
Q

The _____ routinely inspects and audits licensees.

A

DRE

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11
Q

Licensees are allowed _____ days after receiving notice of noncompliance to correct violations before they become citations.

A

15

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12
Q

Disciplinary process step 1 is _____.

A

complaint

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13
Q

Formal complaints must be submitted to the _____, Division of Real Estate, Department of Business Professional Regulation.

A

Bureau of Enforcement

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14
Q

During the second step of the disciplinary process, investigation, investigators _____ issue subpoenas.

A

cannot

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15
Q

During the second step of the disciplinary process, investigation, the report _____ contain opinions or recommendations.

A

cannot

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16
Q

true/false: Licensees can have administrative, civil, and criminal penalties imposed for the same offense.

A

true

17
Q

Probation is _____ days unless otherwise stated.

A

90

18
Q

The second step of the disciplinary process is _____.

A

investigation

19
Q

The third step of the disciplinary process is _____.

A

Probable Cause Panel

20
Q

The third step of the disciplinary process, the Probable Cause Panel, consist of _____ members of FREC.

A

2

21
Q

The Probable Cause Panel has _____ days to recommend dismissal of the case or issue a formal complaint.

A

30

22
Q

A formal complaint, step 4 of the disciplinary process is also called an _____.

A

administrative complaint

23
Q

Step 5 of the disciplinary process is _____.

A

formal/informal hearing

24
Q

If the respondent disputes the facts of the case brought against them, a ______ will occur.

A

formal hearing

25
Q

The issuance of a formal complaint begins the exercising of the _____ power.

A

quasi-judicial

26
Q

During a formal hearing, a respondent may request an _____ subpoena a witness.

A

administrative law judge

27
Q

Within 90 days of the conclusion of a formal hearing, the administrative law judge submits a _____ to FREC.

A

recommended order

28
Q

Once the recommended order is received by the FREC, they enter their _____, which is step 6.

A

final order

29
Q

Step 7 of the disciplinary process is _____.

A

appeal

30
Q

true/false: The DBPR can issue a cease and desist order to an unlicensed individual.

A

true

31
Q

The Real Estate Recovery Fund protects the _____ and also _____ who are following orders of the FREC.

A

public, licensees

32
Q

Payment for a single judgement is limited to _____ from the Real Estate Recovery Fund.

A

$50,000

33
Q

Payments for a licensee are limited to _____ from the Real Estate Recovery Fund.

A

$150,000

34
Q

Once a payment has been made from the Real Estate Recovery Fund, a licensee is automatically suspended until the money is _____ plus ______.

A

re-payed

interest

35
Q

To fund the Real Estate Recovery Fund, sales associates are charged _____ per year, and brokers _____ per year.

A

$1.50

$3.00

36
Q

A broker who follows an _____ order and is later sued in court may be reimbursed from the Real Estate Recovery Fund.

A

escrow disbursement

37
Q

The steps in the disciplinary process are:

  1. _____
  2. _____
  3. _____
  4. _____
  5. _____
  6. _____
  7. _____
A
Complaint
Investigation
Probable Cause Panel
Administrative complaint
Formal/Informal hearing
Final order of the Commission
Appeal