Actions that result in discipline against a licensee Flashcards
(110 cards)
1
Q
What are the 5 disciplinary penalties that IDFPR is authorized to impose?
A
1) refuse to issue or renew license
2) suspend or revoke license
3) censure or reprimand license
4) place licensee on probation
5) civil penalty with a maximum of $25,000 per offense
2
Q
IDFPR is authorized to impose a civil penalty of no more than…
A
$25,000 per offense
3
Q
Making a(n) ___ or ___ representation in attempting to obtain or renew a license can result in disciplinary action.
A
False or Fraudulent
4
Q
Being convicted of a ___ can result in disciplinary action.
A
felony
5
Q
What 6 types of crimes can result in disciplinary action from IDFPR?
A
1) Felony
2) Crime involving dishonesty
3) fraud
4) larceny
5) Embezzlement
6) Obtaining money, property, or credit by false pretenses or means of a confidence game
6
Q
Being unable to practice the profession with reasonable ___, ___, or ___ as a result of physical illness can result in disciplinary action.
A
skill, judgment, or safety
7
Q
Practicing as a licensee from an office, desk or space, in a(n) ___ establishment that is not separate from the main business can result in disciplinary action.
A
retail
8
Q
If a licensee is subjected to disciplinary action by ___, ___, ___, ___, or ___ this can result in disciplinary action.
A
another state, DC, territory, foreign nation, or government agency
9
Q
Engaging in real estate brokerage without a(n) ___ can result in disciplinary action.
A
license
10
Q
Engaging in real estate brokerage with a license that is ___, ___, or ___ can result in disciplinary action.
A
inactive, suspended, or revoked
11
Q
Engaging in real estate brokerage after the licensee’s temporary permit has ___ can result in disciplinary action.
A
expired
12
Q
Attempting to ___ or ___ on the licensing exam can result in disciplinary action.
A
subvert or cheat
13
Q
Assisting someone with __ or ___ on their licensing exam can result in disciplinary action.
A
subverting or cheating
14
Q
Using advertisement that is ___, ___, or ___ can result in disciplinary action.
A
inaccurate
misleading
contrary to the Act
15
Q
Making any substantial ___ or ___ can result in disciplinary action.
A
misrepresentation
untruthful advertising
16
Q
Making false promises to ___, ___, or ___ can result in disciplinary action.
A
influence, persuade, or induce
17
Q
Pursuing a continued and flagrant course of ___ or making ___ through licensee, employees, agents, advertising, etc can result in disciplinary action.
A
misrepresentation
false promises
18
Q
Using any ___ or ___ advertising can result in disciplinary action.
A
misleading or untruthful
19
Q
Using any __ or ___ in any real estate organization of which the licensee is not a member can result in disciplinary action.
A
trade name or insignia of membership
20
Q
Acting in ___ agency without written disclosure can result in disciplinary action.
A
Dual agency
21
Q
Representing, attempting to represent, or performing licensed activities for ___ can result in disciplinary action.
A
a broker OTHER than the sponsoring broker
22
Q
Failing to ___ or ___ any monies or documents that come into the licensee’s possession can result in disciplinary action.
A
account for
remit
23
Q
Failing to properly ___ and ___ escrow monies in a separate account can result in disciplinary action.
A
maintain and deposit
24
Q
Failing to maintain and deposit escrow monies in a(n) ___ can result in disciplinary action.
A
separate account
25
Failing to make all escrow records maintained in connection with the practice of real estate available during ___ and within ___ of submitted request can result in disciplinary action.
normal business hours
24 hours
26
Failing to (on request) furnish copies of ___ relating to a real estate transaction to ___ executing them can result in disciplinary action.
all documents
all parties
27
Failure of the sponsoring broker or licensee to timely provide ___ or ___ of sponsorship information to the department can result in disciplinary action.
sponsorship or termination
28
Failure of the sponsoring broker or licensee to timely provide sponsorship or termination of sponsorship information to the ___ can result in disciplinary action.
department
29
___ the money or property of others with one's own can result in disciplinary action.
Commingling
30
Employing any person on a purely ___ or ___ as a means of evading the law regarding illegal payment of fees to non-licensees can result in disciplinary action.
temporary
single deal
31
Permitting the use of a license as a broker to enable a(n) ___ or ___ to operate a real estate business without actual participation and control by the broker can result in disciplinary action.
leasing agent or unlicensed person
32
Engaging in any ___ dealing, whether mentioned by the act or not can result in disciplinary action.
dishonest
33
Displaying a for rent or for sale sign on any property, or advertising in any fashion without ___ can result in disciplinary action.
written consent from owner
34
Failing to provide requested information within ___ days of the request as related to audits or complaints made against the licensee can result in disciplinary action.
30
35
Using ___ advertising can result in disciplinary action.
blind
36
Offering an improper ___ that does not meet the act's requirements for such plans can result in disciplinary action.
guaranteed sales plan
37
Violating the IL ___ Act can result in disciplinary action.
Human Rights
38
Inducing any individual to break out of a(n) ___ to enter into a new one, regardless of type, can result in disciplinary action.
existing contract
39
Negotiating directly with the client of ___ can result in disciplinary action.
another agent
40
If a licensee is licensed as an attorney, when can acting as an attorney result in disciplinary action?
If they are acting as an attorney in the same transaction in which they are acting as a real estate licensee
41
If merchandise or services are advertised for free, any ___ or ___ necessary for receiving them must appear in the same ad or offer.
conditions or obligations
42
Paying or failing to disclose ___ in violation of the Act can result in disciplinary action.
compensation
43
Failing to provide the minimum services required under a(n) ___ agreement can result in disciplinary action.
exclusive brokerage
44
Violating the terms of a(n) ___ order issued by IDFPR can result in disciplinary action.
disciplinary
45
Forcing any party to a transaction to compensate the licensee as a requirement for releasing ___ can result in disciplinary action.
earnest money
46
Failing to notify ___ of any criminal conviction that occurs during the licensee's term of licensure within ___ days after the conviction can result in disciplinary action.
the department
30 days
47
If a designated managing broker fails to provide an appropriate written ___ this can result in disciplinary action.
company policy
48
Anyone who fails to file a tax return, or pay any tax, penalty, interest, or final assessment required by the IL Department of revenue may have their license ___ or ___ until tax requirements are met.
Withheld or suspended
49
If student loans were provided or guaranteed by the IL Student Assistance Commission or any government agency of the state, and have not been paid back or no payment plan has been made, the license may be ___ or ___.
suspended or revoked
50
IDFPR will refuse to issue or renew; or may revoke or suspend licenses of individuals who are more than ___ days delinquent in child support payments
30
51
If there has been a civil or criminal trial in which the licensee has been found to have engaged in illegal discrimination in the course of a licensed activity, IDFPR must ___ or ___ the licensee's license unless the adjudication is in appeal.
suspend or revoke
52
If any employee (broker, managing broker, or unlicensed employee) that is employed by or associated with a sponsoring broker has their license revoked because of an unlawful act or violation of the act, will the sponsoring broker's license also be revoked?
No, unless the sponsoring broker had knowledge of the unlawful act or violation
53
What happens when a complaint is made to IDFPR about someone who is practicing real estate services?
IDFPR will investigate by interviewing all parties involved. The investigator will then either close the complaint or send the complaint for prosecution.
54
When a complaint is forwarded for prosecution (depending on its nature), does it always result in a formal hearing procedure?
No, an informal hearing process may be used to educate and discipline the licensee
55
If a complaint is forwarded for prosecution, and the matter proceeds to a formal hearing, IDFPR will inform the person under investigation in writing of the ___ and the ___ & ___ 30 days beforehand.
Charges being brought against them
Location & time of the hearing
56
When will IDFPR notify a licensee under investigation of the charges as well as location & time of their formal hearing?
30 days before the hearing
57
If a complaint is forwarded for prosecution, and the matter proceeds to a formal hearing, IDFPR will Instruct the accused individual to ___ to the charges, under oath and in writing within ___ days of being informed of the charges.
respond
20 days
58
How long does a licensee under investigation have to respond to any charges?
Within 20 days of being informed
59
If a complaint is forwarded for prosecution, and the matter proceeds to a formal hearing, IDFPR will notify the individual that unless they respond as instruction, ___ will be taken against them, and ___ may be instituted.
default
disciplinary action
60
If a complaint is forwarded for prosecution, and the matter proceeds to a formal hearing, the department may notify the ___ and ___ about the pending investigation.
individual's designated managing and sponsoring brokers
61
After a formal hearing investigating a complaint against a licensee, charges will be presented to the ___, and the accused individual & their counsel will be allowed to offer a(n) ___.
Board
defense
62
IDFPR is required to keep a(n) ___ of all formal hearing proceedings.
record
63
IDFPR is empowered to ___ materials such as books, documents, and records, as well as people to testify in a formal hearing.
Subpoena
64
Following the conclusion of a formal hearing, IDFPR will present the accused individual a copy of the ___.
Board's report
65
Following the conclusion of a formal hearing, the accused individual may request a(n) ___ via a motion in writing.
rehearing
66
How long does the accused licensee have to request a rehearing after the conclusion of a formal hearing?
within 20 days after being served with IDFPR's report
67
If the ___ determines that emergency action is required to protect the public, they may ___ the accused individual's license without a(n) ___.
Secretary
Suspend
Hearing
68
If the secretary determines that emergency action is required to protect the public, and therefore suspends the accused individual's license without a hearing, a hearing must be scheduled within ___ days of the suspension.
30 days
69
Once an order to suspend or revoke a license has been put through, the licensee is required to ___, and the department's notice must be delivered to the ___.
immediately hand over their license
licensee's designated managing & sponsoring broker
70
If a licensee fails to surrender their license after it has been suspended or revoked, IDFPR is empowered to ___ it.
Seize
71
The accused may request a judicial review by petitioning the ___.
circuit court of the county they reside in
72
If an accused individual is NOT a resident of IL, they may request a judicial review by petitioning the ___.
circuit court of COOK county
73
Which types of criminal records won't be considered by the department?
1) Juvenile records
2) Law enforcement records, court records, and conviction records of an individual who was 17 before Jan 1, 2014, unless they were tried as an adult
3) Arrest records not followed by a charge or conviction
4) Arrest records where charges were dismissed unless related to real estate practice
5) Convictions overturned by a higher court
6) Convictions or arrests that have been sealed or expunged
74
Any person who works or acts as a managing broker, broker, or leasing agent without being issued a license is guilty of a(n) ___ on their first offense.
Class A misdemeanor
75
Any person who works or acts as a managing broker, broker, or leasing agent without being issued a license is guilty of a(n) ___ on conviction of a second or subsequent offense.
Class 4 felony
76
The penalty for failing to complete continuing education requirements can not exceed $___.
$2,000
77
If a licensee receives a citation for failing to complete continuing education, how long do they have to dispute the citation?
Within 30 days after the citation is served
78
If a licensee wishes to dispute a citation, they have 30 days to dispute it by requesting a(n) ___ before the ___.
hearing
before the department
79
If a cited licensee does not request a hearing within 30 days after the citation is served, the citation becomes a(n) ___.
final nondisciplinary order
80
If a cited licensee does not request a hearing within 30 days after the citation is served, any fine imposed is due and payable within ___ days after the final order.
60
81
If a licensee requests a hearing to dispute a citation, and they are found to be in violation, the fine will be due and payable within ___ days after the order of the ___.
30 days
secretary
82
Violating the act is specifically declared to be harmful to the ___ and is a(n) ___.
public welfare
public nuisance
83
IDFPR may only take action against persons for violating terms of the act within ___ years after the occurrence of the violation.
5
84
IDFPR is required to maintain an index of all its...
Licensee-related formal decisions
85
IDFPR is required to maintain an index of all its licensee-related formal decisions, including all ___ to ___ or ___ licenses, ___ or ___ of licenses, and all ___ and ___.
Refusals to issue
Refusals to renew
Suspensions
Revocations
Probationary and disciplinary actions
86
Where can someone reference IDFPR's index of all licensee-related formal decisions?
IDFPR's website
87
People who have been harmed through actions, statements, or other behavior of a licensee or a licensee's employee may recover damages from ___.
The real estate recovery fund
88
The Real Estate Recovery Fund is maintained by
IDFPR
89
Payments from the Real Estate Recovery Fund can include payment for ___ costs and ___ fees.
legal
attorney
90
___ is not paid on the recovery amount for payments received from the Real Estate Recovery fund
Interest
91
Licensees can receive payments from the Real Estate Recovery Fund only in cases of ___ that resulted in ___.
intentional misconduct
losses
92
Recovery sums will only be paid out by the Real Estate Recovery Fund in cases where ___ have been made
valid judgments
93
If an injured party collected recovery payment from the Real Estate Recovery Fund, the licensee who wishes to have their license reinstated must...
Reimburse the fund all fees plus interest
94
When a lawsuit might result in a claim against the Real Estate Recovery fund, IDFPR must be ___ by the aggrieved person within ___ days of filing.
notified in writing
7 days
95
Failure to notify IDFPR of the potential liability ___ any recovery from the Real Estate Recovery fund.
Prevents
96
Legal action must have commenced no later than __ years after the aggrieved person knew of the acts or omissions that gave rise to possible right of recovery from the real estate recovery fund
2
97
For a claimant to obtain recovery from the real estate recovery fund, they must show that they are not a spouse of the ___ or the ___ of such spouse.
Debtor
Personal representative
98
For a claimant to obtain recovery from the real estate recovery fund, they must show that they have complied with all the requirements of ___.
the act
99
For a claimant to obtain recovery from the real estate recovery fund, they must show that they obtained a judgment stating the amount ___ and the amount ___.
thereof
owed
100
The names of all ___ and ___ that are in any way responsible for the loss must be named in the suit when attempting to receive payment from the real estate recovery fund
licensees
other parties responsible
101
If the name of a licensee or other responsible party is not named in a suit to collect from the real estate recovery fund, it may ___ from the fund.
Prevent recovery
102
When a judgment amount is paid from the Real Estate Recovery Fund, ___ takes over the rights of the aggrieved party.
IDFPR
103
When a judgement amount is paid from the Real Estate Recovery Fund, the aggrieved party is required to assign all ___, ___, and ___ in judgement to IDFPR
Right
Title
Interest
104
When payment is made from the Real Estate Recovery Fund to settle a claim or satisfy a judgement against a broker, managing broker, or unlicensed employee, the license of the broker or managing broker is ___.
Automatically terminated
105
In order for a broker or managing broker to petition for their license to be restored after a payment is made from the real estate recovery fund as a result of their actions, they must...
fully repay all awards made to the recovery fund plus interest
106
A suit that may ultimately result in collection from the Real Estate Recovery Fund must be commenced within...
2 years after the date the alleged violation occurred
107
If at any time during the year the Real Estate Recovery Fund slips below $___, the Real Estate License Administration Fund is used to upgrade the level to a minimum balance of $___.
Below $750,000
Minimum balance of $800,000
108
If at any time during the year the Real Estate Recovery Fund slips below $750,000, the ___ is used to upgrade the level to a minimum balance of $800,000.
Real Estate License Administration Fund
109
All Real Estate Recovery Fund monies received from applications, renewals, and fines and penalties are deposited into the ___, and its sums may be ___ and ___.
Real Estate Recovery fund
invested
reinvested
110
Any interest or dividends returned from investment efforts of the Real Estate Recovery Fund are deposited into the ___.
Real Estate Research and Education Fund
