Unit 6 - Violations of License Law, Penalties and Procedures

Question 1

Breach of Trust

Answer 1

Breaking of a promise or obligation

Question 2

Citation

Answer 2

Statements of alleged violations and the penalties to be imposed

Question 3

Commingle

Answer 3

To mix other people’s money with the licensee’s funds

Question 4

Complaint

Answer 4

Formal allegation or charge

Question 5

Concealment

Answer 5

The act of keeping from sight or keeping secret

Question 6

Conversion

Answer 6

Unauthorized use or retention

Question 7

Culpable Negilgence

Answer 7

Inadequate attention to duties and obligations by those who know, or should know, what is required of them

Question 8

Division of Administrative Hearings (DOAH)

Answer 8

The government entity that hears all formal hearings resulting from an administrative complaint against a licensee

Question 9

Failure to Account or Deliver

Answer 9

The act of failing to pay money to a person entitled to receive it

Question 10

Final Order

Answer 10

A decision rendered by the FREC

Question 11

Formal (Administrative) Complaint

Answer 11

An outline of the charges against a licensee that must be answered within the statutory time limits

Question 12

Formal Hearing

Answer 12

A session in which testimony and arguments are presented especially before an official

Question 13

Fraud

Answer 13

The intent to misrepresent a material fact or to deceive in order to gain an unfair advantage or to harm another person

Question 14

Informal Hearing

Answer 14

A respondent who does not dispute allegations of material fact in administrative complaint, may request an informal hearing before the FREC for final action on a complaint

Question 15

Legally Sufficient

Answer 15

A complaint that contains facts that indicate a violation has occurred of a Florida Statute or a FREC or DBPR rule.

Question 16

Material Fact

Answer 16

A piece of information that affects the value of real property and is relevant to a person making a decision about the property

Question 17

Misrepresentation

Answer 17

A false or misleading statement of a material fact; concealment of a material fact

Question 18

Moral Turpitude

Answer 18

An act of corruption, vileness or moral depravity; a disgraceful act or deed

Question 19

Notice of Non-compliance

Answer 19

Issued by the DBPR in the case of a minor rule violation that doesn’t endanger the public safety, health or welfare

Question 20

Probable Cause

Answer 20

Reasonable grounds or justification for prosecuting

Question 21

Recommended Order

Answer 21

A determination by an administrative law judge that includes findings and conclusions as well as other information required by law or agency to be in a final order

Question 22

Stipulation

Answer 22

An agreement to the penalty reached by the attorneys for the DRE and the licensee or the licensee’s attorneys

Question 23

Subpoena

Answer 23

A writ or order commanding the person named to appear and testify in a legal proceeding

Question 24

Voluntary Relinquishment for Permanent Revocation

Answer 24

A licensee respondent may choose to avoid a disciplinary hearing and relinquish the real estate license in lieu of discipline, permanently revoking the license