Hearings, relinquishment, final order Flashcards
What is a voluntary relinquishment?
When the licensee voluntarily relinquishes the real estate license in lieu of discipline
This is done to avoid a disciplinary hearing.
What are the consequences of a voluntary relinquishment?
It permanently puts the licensee out of the real estate business.
When are informal hearings held?
During regular Commission meetings.
Do probable cause members participate in informal hearings?
No.
What must the licensee agree to for there to be an informal hearing?
Not dispute any of the facts.
What happens if a subject doesn’t respond to the Election of Rights on time?
The Election of Rights is waived and informal hearing is conducted.
What kind of hearing is required if the subject disputes allegations?
Formal hearing.
In a formal hearing, who hears the testimony?
ALJ - Administrative Law Judge.
What does the ALJ prepare and submit to the DBPR?
A recommended order that includes the judge’s findings and conclusions.
Do probable cause members participate in a formal hearing?
No.
Can the Commission accept, reject, or modify the judge’s recommended order from a formal hearing?
Yes.
What three things does the final order state?
- The facts
- The conclusion
- The penalty
How long is the final order effective for?
30 days.
Can the licensee operate during the complaint process & during the 30-day period?
Yes.
