Unit 6 Key Terms Flashcards
(48 cards)
breach of trust
Failure to do or perform what has been promised.
citation
Statements of alleged violations and the penalties imposed.
complaint
Formal allegation or charge.
concealment
The act of keeping from sight or keeping secret.
culpable negligence
Inadequate attention to duties and obligations by those who know, or should know, what is required of them.
Division of Administrative Hearings (DOAH)
The governmental entity that hears all formal hearings resulting from an administrative complaint against a licensee.
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 limit.
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 the administrative complaint may request an informal hearing before the FREC for final action on the complaint.
legally sufficient
A complaint that contains facts indicating that a violation of Florida statute, a DBPR rule, or a FREC rule has occurred.
material fact
A piece of information that affects the value of a real property and is relevant to a person making a decision about that 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 action or deed.
notice of nocompliance
Issued by the DBPR in the case of a minor rule violation that does not endanger the public health, safety, and welfare.
probable cause
Reasonable grounds or justification for prosecuting.
probation
An administrative penalty imposed by the FREC that allows the licensee to continue to practice real estate under the guidance of the FREC for a period of time while completing conditions specified by the FREC.
recommended order
A determination by an administrative law judge that includes findings and conclusions, as well as other information required by law or agency rule to be in a final order.
reprimand
An official act of oral and/or written criticism with a formal warning included.
stipulation
An agreement as to the penalty reached between the attorneys for the DRE and the licensee or licensee’s attorney
subpoena
A writ or order commanding the person named to appear and testify in a legal proceeding.
summary (emergency) suspension order
Emergency or immediate action taken by the secretary of the DBPR against a licensee to protect the public.
voluntary relinquishment for permanent revocation
