Chapter 6: Violations of License Law, Penalties, and Procedures Flashcards
Courts can impose criminal and civil penalties against a licensee; FREC can impose _____ penalties.
administrative
The civil penalty for unlicensed practice of real estate is a min of _____ to a max of _____.
$500
$5000
Criminal violations of Chapter 475 are usually _____ degree _____.
second degree misdemeanors
Rental nformation violations are considered _____ degree _____.
first degree misdemeanors
Unlicensed activity is considered a _____ degree _____.
third degree felony
If a licensee commits fraud or an unlicensed person performs a transaction, commission ______ due.
FREC _____ deny payment of a commission to a licensee.
FREC _____ deny payment of a commission to a licensee.
can not
Administrative fines FREC can impose are a max of _____.
$5,000
Maximum suspension time is _____.
10 years
The _____ routinely inspects and audits licensees.
DRE
Licensees are allowed _____ days after receiving notice of noncompliance to correct violations before they become citations.
15
Disciplinary process step 1 is _____.
complaint
Formal complaints must be submitted to the _____, Division of Real Estate, Department of Business Professional Regulation.
Bureau of Enforcement
During the second step of the disciplinary process, investigation, investigators _____ issue subpoenas.
cannot
During the second step of the disciplinary process, investigation, the report _____ contain opinions or recommendations.
cannot
true/false: Licensees can have administrative, civil, and criminal penalties imposed for the same offense.
true
Probation is _____ days unless otherwise stated.
90
The second step of the disciplinary process is _____.
investigation
The third step of the disciplinary process is _____.
Probable Cause Panel
The third step of the disciplinary process, the Probable Cause Panel, consist of _____ members of FREC.
2
The Probable Cause Panel has _____ days to recommend dismissal of the case or issue a formal complaint.
30
A formal complaint, step 4 of the disciplinary process is also called an _____.
administrative complaint
Step 5 of the disciplinary process is _____.
formal/informal hearing
If the respondent disputes the facts of the case brought against them, a ______ will occur.
formal hearing
The issuance of a formal complaint begins the exercising of the _____ power.
quasi-judicial
During a formal hearing, a respondent may request an _____ subpoena a witness.
administrative law judge
Within 90 days of the conclusion of a formal hearing, the administrative law judge submits a _____ to FREC.
recommended order
Once the recommended order is received by the FREC, they enter their _____, which is step 6.
final order
Step 7 of the disciplinary process is _____.
appeal
true/false: The DBPR can issue a cease and desist order to an unlicensed individual.
true
The Real Estate Recovery Fund protects the _____ and also _____ who are following orders of the FREC.
public, licensees
Payment for a single judgement is limited to _____ from the Real Estate Recovery Fund.
$50,000
Payments for a licensee are limited to _____ from the Real Estate Recovery Fund.
$150,000
Once a payment has been made from the Real Estate Recovery Fund, a licensee is automatically suspended until the money is _____ plus ______.
re-payed
interest
To fund the Real Estate Recovery Fund, sales associates are charged _____ per year, and brokers _____ per year.
$1.50
$3.00
A broker who follows an _____ order and is later sued in court may be reimbursed from the Real Estate Recovery Fund.
escrow disbursement
The steps in the disciplinary process are:
- _____
- _____
- _____
- _____
- _____
- _____
- _____
Complaint Investigation Probable Cause Panel Administrative complaint Formal/Informal hearing Final order of the Commission Appeal
