Quiz 6 Violations of License Law, Penalties and Procedures Flashcards
Suspension of a license can last up to
A) 10 years.
B) 6 months.
C) 2 years.
D) 15 years.
A) 10 years.
_______________________________provides independent Administrative Law Judges to conduct hearings pursuant to Florida Statutes, pursuant to other law, and under contract with governmental entities.
A) The Division of Administrative Hearings (DOAH)
B) The Division of Real Estate in Florida
C) The Division of Housing and Urban Development
D) The Division of Florida Statutes and Laws
A) The Division of Administrative Hearings (DOAH)
The licensee charged in a DBPR complaint is made public when?
A) 20 days after the formal hearing
B) Immediately, when the DBPR feels the complaint is legally sufficient
C) At the conclusion of the Recommended Order
D) 10 days after probable cause is found to exist
D) 10 days after probable cause is found to exist
A licensee is sued for damages, and payment is made from the real estate recovery fund. The licensee in this case
A) must sell a lot of homes to reimburse the fund.
B) is suspended from real estate practice until he reimburses the fund in full.
C) pays into the fund, so he doesn’t need to do anything.
D) can only receive money from the fund if he is a broker.
B) is suspended from real estate practice until he reimburses the fund in full.
The probable cause panel
A) Holds an investigation and issues punishment to the subject of the investigation.
B) Holds an investigation and issues the Final Order.
C) Holds an investigation and, if probable cause is found to exist, will direct the Department to file a formal complaint against the subject of the investigation.
D) Holds an investigation and issues a citation.
C) Holds an investigation and, if probable cause is found to exist, will direct the Department to file a formal complaint against the subject of the investigation.
What Florida agency is responsible for investigating real estate complaints?
A) FREC
B) The Governor’s office
C) DBPR
D) DAH
C) DBPR
A licensee has been issued a Final Order of the FREC, suspending his license. How long a time period is the maximum a suspension can last?
A) The maximum is 90 days.
B) The maximum is 10 years.
C) There is no maximum; the FREC sets the maximum time.
D) The maximum time is set by the Department.
B) The maximum is 10 years.
The Department receives an unsigned complaint. What can the Department do?
A) Ignore the complaint since it is unsigned.
B) Investigate the complaint if the Department wishes.
C) It is against the law for the Department to investigate complaints that are not notarized.
D) All complaints must be investigated.
B) Investigate the complaint if the Department wishes.
The administrative law judge has issued a Recommended Order. How many days will a party to the hearing have to file an exception to the Recommended Order?
A) 5 days
B) 15 days
C) 40 days
D) 60 days
B) 15 days
The Real Estate Recovery fund is financed through money received from administrative fines and surcharges on new and renewing licenses. What is the dollar amount accumulated in the fund where surcharges are no longer levied on licenses?
A) $500,000
B) $750,000
C) $1,000,000
D) $1,500,000
C) $1,000,000
Why is a summary suspension order given?
A) Because a broker suspects a sales associate of fraudulent acts
B) Because the FREC feels that a broker has committed a minor violation
C) Because the Division feels that a broker has committed a first-time offense
D) Because the Department feels that there is an immediate danger to public health, safety, and welfare
D) Because the Department feels that there is an immediate danger to public health, safety, and welfare
The __________ administers and enforces the real estate license law, Chapter 475, Part I, Florida Statutes.
A) HUD
B) RESPA
C) FREC
D) FNMA
C) FREC
If Lauren violated a rule under Chapter 475 F.S. and this is her first offense, what is the period of time of probation she could receive unless otherwise stated by the Commission?
A) 30 days
B) 90 days
C) 120 days
D) 10 years
B) 90 days
When a licensee is being served with the Final Order of the FREC, how many days does he have to file an appeal with the District Court?
A) 15 days
B) 20 days
C) 30 days
D) 90 days
C) 30 days
