Review of complaint procedure

Question 1

The administrative law judge has issued a Recommended Order. How many days does a party to hearing have to file an exception to the Recommended Order?

A, 10 days
15 days
20 days
30 days

Answer 1

15 Days

Question 2

A broker was sued in a civil action following an earnest money dispute that the broker had reported to the FREC. The broker had received an Earnest Money Disbursement Order from the FREC. The court awarded damages of $15,000 to the defendant against the broker. The broker paid the damages and requested reimbursement from the Real Estate Recovery Fund. Which of the following statements is true?

A. The broker cannot receive money from the Recovery Fund because he gave the earnest money to the wrong person.
B. Because the FREC issued the Earnest Money Disbursement order, the broker is entitled to repayment up to $50,000.
C. The broker will be entitled to receive repayment from the Recovery Fund, but the broker will be on probation for ten years.
D. Only buyers, sellers and tenants can receive money from the Real Estate Recovery Fund.

Answer 2

B. Because the FREC issued the Earnest Money Disbursement order, the broker is entitled to repayment up to $50,000.

Question 3

In the case of minor infractions of the rules by a broker, the Department can issue all of the following EXCEPT:
A. A citation.
B. A Notice of Noncompliance.
C. File (Docket) a complaint.
D. A suspension of license.

Answer 3

D. A suspension of license.

Question 4

When an informal hearing is held and the parties, including the FREC, do not come to an agreement, what is the next step in the process?

A. No further action is warranted because no agreement could be reached.
B. The broker will automatically lose his license since the FREC did not agree with the broker.
C. The broker will be suspended until the case is solved by the FREC.
D. The case will be sent on to an administrative law judge to issue a recommended order.

Answer 4

D. The case will be sent on to an administrative law judge to issue a recommended order.

Question 5

The Probable Cause panel is empowered when the investigation of the Department shows a probable license law violation. What is the position of the Probable Cause Panel in this action?

A. The Probable Cause Panel will determine the guilt or innocence of the party.
B. The Probable Cause Panel will recommend a punishment to the Department.
C. The Probable Cause Panel will be made up of all of the FREC.
D. The probable Cause Panel will act as a grand jury to determine if there has been a license law violation.

Answer 5

D. The probable Cause Panel will act as a grand jury to determine if there has been a license law violation.

Question 6

What is the time limit the Department has to file a complaint against a broker?

A. One year
B. Two years
C. Five years
D. Ten years

Answer 6

C. Five years

Question 7

The Department receives an unsigned complaint. What is the Department empowered to do?

A. Investigate the complaint if the Department wishes.
B. Ignore the complaint since it is unsigned.
C. The Department cannot investigate unsigned complaints.
D. The Department must investigate all complaints, signed or unsigned.

Answer 7

A. Investigate the complaint if the Department wishes.

Question 8

If Joe violated a rule under Chapter 475 F.S. and this is his first offense, what is the recommended period of time of probation he could receive under the Standards of Practice?
A. 30 days
B. 90 days
C. 120 days
D. 10 years

Answer 8

B. 90 days

Question 9

The Secretary of the DBPR has issued a summary suspension against Broker Bob. What was Bob doing that would warrant such a suspension?

A. Bob was recruiting licensed sales associates from other firms and the Board of Realtors did not like this.
B. Bob was placing his for sale signs on individual’s properties without their written consent.
C. Bob was spending all of the money in his trust accounts to finance his new boat.
D. Bob was hiring a new broker to assist him and the new broker had only been licensed two months.

Answer 9

C. Bob was spending all of the money in his trust accounts to finance his new boat.

Question 10

The Department has the authority to investigate complaints from others and investigate its own complaints. The Department has the power to seek records and to seek witnesses. The Department has subpoena powers. What best describes subpoena powers?

A. The ability to require a person to appear before the courts to give testimony.
B. The ability to audit all records of a broker and his staff.
C, The ability to sue the FREC if necessary.
D,. The ability to require that a broker and his staff appear before the FREC.

Answer 10

A. The ability to require a person to appear before the courts to give testimony.