Section 5: Complaints, Violations, and Penalties Flashcards
Administrative complaint
An outline of allegations of facts and charges against the licensee
Breach of trust
Breaking a promise or obligation
Citations
fines for violations that have been specified in the citation rule for which there is no substantial threat to the public health, safety, and welfare
Commingle
To mix the money of a buyer or seller with the broker’s own money
Complainant
Person or entity who makes a complaint
Concealment
Withholding of information
Conversion
A licensee’s personal use or misuse of client (or customer) monies
Culpable negligence
Failing to use the care a reasonable person would exercise
Division of Administrative Hearings (DOAH)
The entity that employs administrative law judges (ALJs) to conduct formal hearings of administrative complaints against licensees
Failure to account for and deliver
The act of failing to pay money to a person entitled to receive it
Final Orders
The commission’s final decisions as to innocence or guilt and the determination of the appropriate penalty
Formal complaint
(Also called an administrative complaint) is an outline of charges against a licensee
Formal Hearings
Used if the licensee-respondent either requests a formal hearing or if the licensee-respondent disputes the allegations
Fraud
the intent to misrepresent a material fact or to deceive to gain an unfair advantage or to harm another person
Informal hearings
An expedited way of resolving disciplinary cases provided the licensee does not dispute the alleged facts state in the complaint
Legally sufficient
means that a complaint contains facts indicating that a violation of Florida statute, DBPR rule, or FREC rule may have occurred
Material Fact
a piece of information that affects the value of the real property and is relevant to a person making a decision about the property
Misrepresentation
an untrue statement of fact or concealment of a material fact
Moral Turpitutde
Is conduct contrary to honesty, good morals, justice, and accepted custom
Notice of noncomplicance
may be issued for a first-time minor violation (licensee has 15 days to correct minor infraction)
Probable cause
Reasonable grounds to warrant prosecution
Recommend order
contains the administrative law judge’s findings, conclusions, and recommended penalty
Stipulation
an agreement as to the penalty reached between the attorneys for the DRE and the licensee or the licensee’s attorney
Subpoena
command to appear at a certain time and place to give testimony
