Chapter 6: Violations of License Law: Penalties & Procedures (MC) Flashcards Preview

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Flashcards in Chapter 6: Violations of License Law: Penalties & Procedures (MC) Deck (15):
1

The purpose of the disciplinary guidelines is to

a. extend the meaning of the law.
b. specify and implement the law.
c. give new meaning to the law.
d. give notice to licensees of the range of penalties that normally will be imposed for violation of a law or rule.

d. give notice to licensees of the range of penalties that normally will be imposed for violation of a law or rule.

2

Who reports findings of fact to the Commission at the conclusion of an administrative hearing?

a. an attorney
b. the Division of Real Estate investigator
c. the Division of Real Estate prosecutors
d. the administrative law judge

d. the administrative law judge

3

What happens if a respondent fails to answer an administrative complaint?

a. The defendant will be issued a subpoena.
b. The Commission will dismiss charges against the licensee.
c. The Commission will proceed with the hearing.
d. The Department of Business and Professional Regulation will send investigators to arrest the licensee.

c. The Commission will proceed with the hearing.

4

The range of penalties that may be imposed on a licensee by the Commission for violation of law or rules includes

a. denial, reprimand, fine, probation, suspension and revocation.
b. imprisonment only.
c. a fine and imprisonment only.
d. a fine, reprimand, denial, suspension, revocation and imprisonment.

a. denial, reprimand, fine, probation, suspension and revocation.

5

An appeal of a Commission final order is filed with the

a. Florida Supreme Court
b. District Court of Appeals
c. county court
d. Department of Administrative Hearings.

b. District Court of Appeals

6

The Probable Cause Panel

a. is composed of three Florida Real Estate Commission Members, no more than one of which may be a lay member.
b. is an exercise of the quasi-judicial powers of the Florida Real Estate Commission.
c. determines guilt or innocence and submits a recommended order to the Florida Real Estate Commission.
d. has 30 days from receipt of a complete report to recommend dismissal or issuance of a formal complaint.

d. has 30 days from receipt of a complete report to recommend dismissal or issuance of a formal complaint.

7

What is the charge for anyone found guilty of using false or misleading advertising?

a. third-degree misdemeanor
b. second-degree misdemeanor
c. first-degree misdemeanor
d. third-degree felony

b. second-degree misdemeanor

8

What is the maximum amount of money that can be paid from the Real Estate Recovery Fund to three persons who suffered monetary loss as a result of a fraudulent act committed by a real estate licensee and have been awarded a single judgment?

a. $150,000
b. $50,000
c. $25,000
d. $10,000

b. $50,000

9

A citation may be issued to a licensee if

a. no substantial threat to the public health, safety and welfare exists.
b. the hearing officer recommends one.
c. a final order was served on the licensee.
d. a formal complaint has been received by the Department

a. no substantial threat to the public health, safety and welfare exists.

10

What is the license status of a licensee while confined in a mental institution according to disciplinary guidelines of the Florida Real Estate Commission?

a. suspended
b. inactive
c. involuntarily inactive
d. revoked

d. revoked

11

If a broker's actions pose an immediate serious danger to the safety and welfare of the public, what action might the Secretary of the Department of Business and Professional Regulation take?

a. suspended the license of the licensee for 10 years
b. issue a summary suspension
c. issue a cease and desist order
d. place the licensee on probation

b. issue a summary suspension

12

What action may be taken if either the Florida Real Estate Commission or the licensee disagrees with a recommended order?

a. seek adjudication
b. submit the matter to mediation
c. file exceptions
d. request novation

c. file exceptions

13

The individual who files a complaint is called the

a. accused.
b. defendant.
c. complainant.
d. respondent.

c. complainant.

14

What must an unlicensed individual do when ordered to appear before the Department?

a. nothing; the Department has no jurisdiction over unlicensed persons
b. appear
c. file an appeal
d. bring an attorney

b. appear

15

Which activity would be classified as a first-degree misdemeanor under Chapter 475, Florida statutes?

a. placing false or misleading advertising
b. violation of rental information rules
c. having submitted false information in an application
d. an unlicensed person operating as a broker

b. violation of rental information rules

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