Unit 6 - Violations of License Law, Penalties and Procedures Flashcards
Breach of Trust
Breaking of a promise or obligation
Citation
Statements of alleged violations and the penalties to be imposed
Commingle
To mix other people’s money with the licensee’s funds
Complaint
Formal allegation or charge
Concealment
The act of keeping from sight or keeping secret
Conversion
Unauthorized use or retention
Culpable Negilgence
Inadequate attention to duties and obligations by those who know, or should know, what is required of them
Division of Administrative Hearings (DOAH)
The government entity that hears all formal hearings resulting from an administrative complaint against a licensee
Failure to Account or Deliver
The act of failing to pay money to a person entitled to receive it
Final Order
A decision rendered by the FREC
Formal (Administrative) Complaint
An outline of the charges against a licensee that must be answered within the statutory time limits
Formal Hearing
A session in which testimony and arguments are presented especially before an official
Fraud
The intent to misrepresent a material fact or to deceive in order to gain an unfair advantage or to harm another person
Informal Hearing
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
Legally Sufficient
A complaint that contains facts that indicate a violation has occurred of a Florida Statute or a FREC or DBPR rule.
Material Fact
A piece of information that affects the value of real property and is relevant to a person making a decision about the property
Misrepresentation
A false or misleading statement of a material fact; concealment of a material fact
Moral Turpitude
An act of corruption, vileness or moral depravity; a disgraceful act or deed
Notice of Non-compliance
Issued by the DBPR in the case of a minor rule violation that doesn’t endanger the public safety, health or welfare
Probable Cause
Reasonable grounds or justification for prosecuting
Recommended Order
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
Stipulation
An agreement to the penalty reached by the attorneys for the DRE and the licensee or the licensee’s attorneys
Subpoena
A writ or order commanding the person named to appear and testify in a legal proceeding
Voluntary Relinquishment for Permanent Revocation
A licensee respondent may choose to avoid a disciplinary hearing and relinquish the real estate license in lieu of discipline, permanently revoking the license
