Section 5: Complaints, Violations, and Penalties Flashcards Preview

Real Estate Exam Florida > Section 5: Complaints, Violations, and Penalties > Flashcards

Flashcards in Section 5: Complaints, Violations, and Penalties Deck (40):
1

Administrative complaint

An outline of allegations of facts and charges against the licensee

2

Breach of trust

Breaking a promise or obligation

3

Citations

fines for violations that have been specified in the citation rule for which there is no substantial threat to the public health, safety, and welfare

4

Commingle

To mix the money of a buyer or seller with the broker's own money

5

Complainant

Person or entity who makes a complaint

6

Concealment

Withholding of information

7

Conversion

A licensee's personal use or misuse of client (or customer) monies

8

Culpable negligence

Failing to use the care a reasonable person would exercise

9

Division of Administrative Hearings (DOAH)

The entity that employs administrative law judges (ALJs) to conduct formal hearings of administrative complaints against licensees

10

Failure to account for and deliver

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

11

Final Orders

The commission's final decisions as to innocence or guilt and the determination of the appropriate penalty

12

Formal complaint

(Also called an administrative complaint) is an outline of charges against a licensee

13

Formal Hearings

Used if the licensee-respondent either requests a formal hearing or if the licensee-respondent disputes the allegations

14

Fraud

the intent to misrepresent a material fact or to deceive to gain an unfair advantage or to harm another person

15

Informal hearings

An expedited way of resolving disciplinary cases provided the licensee does not dispute the alleged facts state in the complaint

16

Legally sufficient

means that a complaint contains facts indicating that a violation of Florida statute, DBPR rule, or FREC rule may have occurred

17

Material Fact

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

18

Misrepresentation

an untrue statement of fact or concealment of a material fact

19

Moral Turpitutde

Is conduct contrary to honesty, good morals, justice, and accepted custom

20

Notice of noncomplicance

may be issued for a first-time minor violation (licensee has 15 days to correct minor infraction)

21

Probable cause

Reasonable grounds to warrant prosecution

22

Recommend order

contains the administrative law judge's findings, conclusions, and recommended penalty

23

Stipulation

an agreement as to the penalty reached between the attorneys for the DRE and the licensee or the licensee's attorney

24

Subpoena

command to appear at a certain time and place to give testimony

25

Summary suspension

emergency suspension that must be issued by the DBPR secretary or the secretary's designee

26

What are the 7 steps to a complaint process?

- A complaint is filed
- An Investigation of the complaint
- Probable cause determination
- Formal complaint is issued if probable cause is found
- Informal hearing or formal hearing is conducted
- Final order issued
- Judicial review (appeal) of final order

27

What are the necessary characteristics of complaints filed with the DBPR?

- Complaint must be legally sufficient
- DBPR may issue a notice of noncompliance for a first-time offense of a minor violation
- FREC rule lists violations for which a notice of noncompliance may be issued

28

What is the penalty of a First-degree misdemeanor?

$1000 fine and/or 1 year in jail
(False or outdate rental list)

29

What is the penalty of a second-degree misdemeanor?

60 days and/or $500 fine
(all other violations of Chapter 475)

30

How long does a licensee have to file an appeal of a final order?

30 days

31

How many days does a licensee have to correct a minor infraction listed in notice of non-compliance?

15 days

32

What are administrative penalties that are imposed by the FREC?

- Deny an application
- Letter of reprimand
- Probation
- Administrative fine of up to $5000 per count
- Suspension for up to 10 years
- Revocation with prejudice

33

What must FREC do with criminal volations

- All criminal violations must be reported to the state attorney
- FREC must inform the Division of Florida Condominiums, Timeshares, and Mobile Homes of disciplinary action

34

When can a licensee continue to operate while an appeal is pending?

- Licensee must first file the appeal
- An order of stay should be requested
- A request for stay must be granted (Writ of Supersedes issued)

35

What is the amount of time allotted to file a claim against the recovery fund?

2 years

36

Complaint

Alleged violation of laws or rules

37

How much notice must a licensee respondent have before a hearing?

14 days

38

Is a contract made by an unlicensed person valid?

No

39

Rule 61J2, F.A.C.

Administrative rule concerning real estate practice

40

Can the commission modify statutes?

No, only the legislature can.
- The commission can modify and enact administrative rules