Chapter 6: Violations of License Law, Penalties, and Procedures

Question 1

Courts can impose criminal and civil penalties against a licensee; FREC can impose _____ penalties.

Answer 1

administrative

Question 2

The civil penalty for unlicensed practice of real estate is a min of _____ to a max of _____.

Answer 2

$500

$5000

Question 3

Criminal violations of Chapter 475 are usually _____ degree _____.

Answer 3

second degree misdemeanors

Question 4

Rental nformation violations are considered _____ degree _____.

Answer 4

first degree misdemeanors

Question 5

Unlicensed activity is considered a _____ degree _____.

Answer 5

third degree felony

Question 6

If a licensee commits fraud or an unlicensed person performs a transaction, commission ______ due.

Answer 6

FREC _____ deny payment of a commission to a licensee.

Question 7

FREC _____ deny payment of a commission to a licensee.

Answer 7

can not

Question 8

Administrative fines FREC can impose are a max of _____.

Answer 8

$5,000

Question 9

Maximum suspension time is _____.

Answer 9

10 years

Question 10

The _____ routinely inspects and audits licensees.

Answer 10

DRE

Question 11

Licensees are allowed _____ days after receiving notice of noncompliance to correct violations before they become citations.

Answer 11

15

Question 12

Disciplinary process step 1 is _____.

Answer 12

complaint

Question 13

Formal complaints must be submitted to the _____, Division of Real Estate, Department of Business Professional Regulation.

Answer 13

Bureau of Enforcement

Question 14

During the second step of the disciplinary process, investigation, investigators _____ issue subpoenas.

Answer 14

cannot

Question 15

During the second step of the disciplinary process, investigation, the report _____ contain opinions or recommendations.

Answer 15

cannot

Question 16

true/false: Licensees can have administrative, civil, and criminal penalties imposed for the same offense.

Answer 16

true

Question 17

Probation is _____ days unless otherwise stated.

Answer 17

90

Question 18

The second step of the disciplinary process is _____.

Answer 18

investigation

Question 19

The third step of the disciplinary process is _____.

Answer 19

Probable Cause Panel

Question 20

The third step of the disciplinary process, the Probable Cause Panel, consist of _____ members of FREC.

Answer 20

2

Question 21

The Probable Cause Panel has _____ days to recommend dismissal of the case or issue a formal complaint.

Answer 21

30

Question 22

A formal complaint, step 4 of the disciplinary process is also called an _____.

Answer 22

administrative complaint

Question 23

Step 5 of the disciplinary process is _____.

Answer 23

formal/informal hearing

Question 24

If the respondent disputes the facts of the case brought against them, a ______ will occur.

Answer 24

formal hearing

Question 25

The issuance of a formal complaint begins the exercising of the _____ power.

Answer 25

quasi-judicial

Question 26

During a formal hearing, a respondent may request an _____ subpoena a witness.

Answer 26

administrative law judge

Question 27

Within 90 days of the conclusion of a formal hearing, the administrative law judge submits a _____ to FREC.

Answer 27

recommended order

Question 28

Once the recommended order is received by the FREC, they enter their _____, which is step 6.

Answer 28

final order

Question 29

Step 7 of the disciplinary process is _____.

Answer 29

appeal

Question 30

true/false: The DBPR can issue a cease and desist order to an unlicensed individual.

Answer 30

true

Question 31

The Real Estate Recovery Fund protects the _____ and also _____ who are following orders of the FREC.

Answer 31

public, licensees

Question 32

Payment for a single judgement is limited to _____ from the Real Estate Recovery Fund.

Answer 32

$50,000

Question 33

Payments for a licensee are limited to _____ from the Real Estate Recovery Fund.

Answer 33

$150,000

Question 34

Once a payment has been made from the Real Estate Recovery Fund, a licensee is automatically suspended until the money is _____ plus ______.

Answer 34

re-payed

interest

Question 35

To fund the Real Estate Recovery Fund, sales associates are charged _____ per year, and brokers _____ per year.

Answer 35

$1.50

$3.00

Question 36

A broker who follows an _____ order and is later sued in court may be reimbursed from the Real Estate Recovery Fund.

Answer 36

escrow disbursement

Question 37

The steps in the disciplinary process are:

1. _____
2. _____
3. _____
4. _____
5. _____
6. _____
7. _____

Answer 37

Complaint
Investigation
Probable Cause Panel
Administrative complaint
Formal/Informal hearing
Final order of the Commission
Appeal