Complaints, Violations and Penalties
Answer all 15 questions within 25 minutes and select one choice for each question (question numbers in this section begin at 70)
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70. An applicant was issued a sales associate's license by mistake. She has been informed that the license has been revoked. Which applies?
This action is referred to as “revocation without prejudice”
The applicant is not allowed to reapply for a sales associate's license for one year
The applicant has been disciplined for a violation of Chapter 475, F.S.
Revocation means that the applicant may not be licensed in Florida for five years
71. The DBPR is empowered to demand information from and issue subpoenas to
Real estate licensees only
DBPR licensees only
Anyone, provided the information relates to a case already before the FREC
Anyone thought to posses information relevant to the case at hand
72. If a legally sufficient complaint has been filed, investigated, and found valid, the next step in the complaint process is
An informal proceeding
A formal hearing
Probable cause determination
Final order issuance
73. False advertising concerning real estate information incurs what type of penalty?
74. During its regular monthly meetings, the Commission modified several license fees and broker adverting requirements. These actions will be reflected formally in changes to
75. A sales associate was issued a citation for failing to timely notify the Commission of her change of address. How many days does the licensee have to either pay the citation or file an objection to the alleged violation?
76. As a result of the step-by-step complaint process, an administrative law judge discovered evidence that the current practices of a large property management brokerage firm were an immediate danger to the public welfare and to the economic welfare of its principals. The FREC chairperson convened a special session to conduct a hearing prior to a summary suspension being issued. Upon conclusion of the hearing, the FREC issued a final order for summary suspension of the brokerage firm's license. Why will this suspension be illegal and invalid?
The summary suspension final order was not accompanied by a formal suspension order
Only the DBPR Secretary or a legally appointed representative may issue a final order of summary suspension
A summary suspension order may not be issued until three days after a respondent has been notified of the pending action
A review of the summary suspension final order must be conducted by the DBPR before it can be valid and effective
77. A sales associate disputes the facts and allegation in an administrative complaint. Which statement is TRUE regarding this situation?
The sales associate should request the matter be heard in an informal hearing
The sales associate should refuse to sign the election of rights in protest
The matter must be heard in a formal hearing before an administrative law judge
The sales associate should file an objection to the administrative complaint and mail it to the DBPR Secretary
78. A DBPR investigator is authorized, in cases that involve a first-time offense of a minor violation, to issue a(n)
Cease and desist order
Notice of noncompliance
Letter of guidance
79. The FREC is empowered to revoke the license of any licensee found guilty of
Violation of the motor vehicle laws
Drunkenness in a public place
Representation of facts
Conversion of escrowed funds
80. A broker followed the instructions in an escrow disbursement order, but he was the victim of a civil court judgment that resulted in a payment of $10,000 from the Recovery Fund due to his actions. As a consequence, the FREC
Will take no action against the broker
Will probably suspend the broker's license
Will probably revoke the broker's license
Is required to suspend the broker's license
81. A real estate broker has an inactive license. May the broker sue a customer for a commission?
Yes, but the broker will have to reactivate his license first
No, any agreement between the broker and the customer is invalid
The broker may sue the customer for consulting services but not call them real estate services
Yes, provided the inactive broker performed according to the terms of a listing brokerage agreement
82. A sales associate has been placed in a court-ordered rehabilitation program to overcome an addiction to narcotics. Based on this information, the FREC will likely,
Revoke the sales associate's license
Suspend the sales associate's license until successfully completing the program
Issue the sales associate a $5,000 administrative fine
Issue the sales associate a citation for a $500 fine
83. Which statement is FALSE regarding the probable-cause panel?
At least one member must be a professional member
A former Commissioner with an inactive real estate license may serve on the panel
A consumer member may serve on probable-cause
The FREC chairperson appoints the probable-cause panel
84. A licensee has been issued an administrative complaint. The licensee has signed the election of rights indicating that he does not dispute the allegations of fact and he requests an informal hearing. How much prior notice of a hearing MUST be given to the licensee-respondent?
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