Duties and Powers of the Department and the State Board of Real Estate

Question 1

General Powers

Answer 1

Protects the public from dishonest real estate licensees.

Support business growth and job creation while safeguarding Michigan’s citizens through a simple, fair, efficient, and transparent regulatory structure.

Question 2

Investigations, conferences, hearing, and exemptions

Answer 2

Upon the receipt of a complaint, the department must begin an investigation and open a correspondence file. The department must make a written acknowledgement to the complainant within 15 days of the receipt.

(1) After an investigation has been conducted and a violation has been sustantiated, the formal complaint is prepared and then delivered to the respondent and complainant. The respondent is also given a choice of the following:
(a) negotiate a settlement
(b) demonstrate compliance
(c) a contested case hearing

(2) The respondent has 15 days to select one of the option. If one is not selected, a contested case hearing is held.
(3) An informal conference may result in: a license revocation, suspension, or up to a $10,000 civil fine for each violation.
(4) A department employee may represent the department at a contested case hearing.

(5) If an informal conference is not held or doesn’t result in a settlement, a hearing must be held. After the hearing, a hearing report must be given to the department listing recommended Article 6 penalties, or no penalties.
(a) the board must meet and determine the penalties within 60 days of the hearing report.
(b) if the board doesn’t determine penalties within 60 days, the director may do so.
(c) a board member who participates in the investigation can’t participate in the final determination of penalties.