Unit 6 - Violations of License Law, Penalties and Procedures Flashcards Preview

Florida Real Estate Pre-Licensing 63-hour Class > Unit 6 - Violations of License Law, Penalties and Procedures > Flashcards

Flashcards in Unit 6 - Violations of License Law, Penalties and Procedures Deck (24)
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1
Q

Breach of Trust

A

Breaking of a promise or obligation

2
Q

Citation

A

Statements of alleged violations and the penalties to be imposed

3
Q

Commingle

A

To mix other people’s money with the licensee’s funds

4
Q

Complaint

A

Formal allegation or charge

5
Q

Concealment

A

The act of keeping from sight or keeping secret

6
Q

Conversion

A

Unauthorized use or retention

7
Q

Culpable Negilgence

A

Inadequate attention to duties and obligations by those who know, or should know, what is required of them

8
Q

Division of Administrative Hearings (DOAH)

A

The government entity that hears all formal hearings resulting from an administrative complaint against a licensee

9
Q

Failure to Account or Deliver

A

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

10
Q

Final Order

A

A decision rendered by the FREC

11
Q

Formal (Administrative) Complaint

A

An outline of the charges against a licensee that must be answered within the statutory time limits

12
Q

Formal Hearing

A

A session in which testimony and arguments are presented especially before an official

13
Q

Fraud

A

The intent to misrepresent a material fact or to deceive in order to gain an unfair advantage or to harm another person

14
Q

Informal Hearing

A

A respondent who does not dispute allegations of material fact in administrative complaint, may request an informal hearing before the FREC for final action on a complaint

15
Q

Legally Sufficient

A

A complaint that contains facts that indicate a violation has occurred of a Florida Statute or a FREC or DBPR rule.

16
Q

Material Fact

A

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

17
Q

Misrepresentation

A

A false or misleading statement of a material fact; concealment of a material fact

18
Q

Moral Turpitude

A

An act of corruption, vileness or moral depravity; a disgraceful act or deed

19
Q

Notice of Non-compliance

A

Issued by the DBPR in the case of a minor rule violation that doesn’t endanger the public safety, health or welfare

20
Q

Probable Cause

A

Reasonable grounds or justification for prosecuting

21
Q

Recommended Order

A

A determination by an administrative law judge that includes findings and conclusions as well as other information required by law or agency to be in a final order

22
Q

Stipulation

A

An agreement to the penalty reached by the attorneys for the DRE and the licensee or the licensee’s attorneys

23
Q

Subpoena

A

A writ or order commanding the person named to appear and testify in a legal proceeding

24
Q

Voluntary Relinquishment for Permanent Revocation

A

A licensee respondent may choose to avoid a disciplinary hearing and relinquish the real estate license in lieu of discipline, permanently revoking the license