Chapter 6 Section 3 Quiz

In a complaint, who is the respondent? a) Any person who might have been harmed by the violation that is claimed in the complaint b) Any person from whom information pertinent to the complaint is demanded c) The licensed or unlicensed person against whom the complaint has been filed d) The person who has filed the complaint

c) The licensed or unlicensed person against whom the complaint has been filed In a complaint, the person against whom the complaint has been filed (licensed or unlicensed) is the respondent

All of the following are likely actions that would be taken if a licensee is found to be an immediate and serious danger to the safety or welfare of the public, EXCEPT: a) A citation is issued and the complaint is forwarded to the legal section of the Division for further action b) The licensee's license is immediately suspended c) A full disciplinary hearing is scheduled d) A summary suspension is ordered by the Department

a) A citation is issued and the complaint is forwarded to the legal section of the Division for further action If a licensee if found to be an immediate and serious danger to the safety or welfare of the public, a summary (or emergency) suspension can be ordered, the licensee's license can be immediately suspended, and a full disciplinary hearing would commence.

What is a legally sufficient complaint? a) A complaint that alleges a violation of law or rule and that has sufficient supporting evidence b) A complaint that has been submitted in writing to the Division of Real Estate, Consumer Complaint Section of the Department c) A complaint that has a reasonable chance of being proven in a court of law d) A complaint that has been found to have probable cause and has been filed against the respondent as a formal complaint

a) A complaint that alleges a violation of law or rule and that has sufficient supporting evidence A legally sufficient complaint is one that alleges a violation of law or rule and that has sufficient supporting evidence. Sufficiency is determined prior to any recommendation by the probable cause panel or filing a formal complaint.

All of the following statements about witnesses in a formal hearing are accurate, EXCEPT: a) The Commission has no recourse against an unlicensed individual who fails to respond to a subpoena b) The respondent has the right to cross-examine witnesses c) The Commission can discipline a licensee who fails to comply with a subpoena d) The administrative law judge can issue subpoenas for witnesses

a) The Commission has no recourse against an unlicensed individual who fails to respond to a subpoena If an unlicensed person fails to comply with a subpoena, a court order may be obtained which could result in a fine.

What is the composition of the Probable Cause Panel? a) Two current or past members of the Commission, of whom no more than one can be a lay member b) Two actively licensed Florida real estate brokers with five or more years of experience, of whom no more than one can be a past Commission member c) Seven real estate licensees in good standing selected by the administrative law judge d) Seven current or past members of the Commission, of whom two members must be lay members

a) Two current or past members of the Commission, of whom no more than one can be a lay member The panel consists or two current or past members of the Commission, of whom no more than one can be a lay member. The panel has 15 days to request additional information and has 30 days after a complete report was received to either recommend dismissal or issue a formal complaint.

If a licensee does not agree with the final order, with whom do they file a petition for review? a) The Commission b) The Florida District Court of Appeals c) The Florida Supreme Court d) The Division of Administrative Hearings

b) The Florida District Court of Appeals If a licensee does not agree with the final order, they may file a petition for review with the Florida District Court of Appeals within 30 days of the final order.

Under what circumstance would an informal hearing most likely be conducted? a) The respondent files an Election of Rights form stating that they dispute the allegations in the complaint b) A summary suspension is ordered c) The respondent does not dispute the facts in the formal complaint d) The complaint is determined to be a minor violation that only warrants issuance of a citation or notice of noncompliance

c) The respondent does not dispute the facts in the formal complaint If a respondent does not dispute the facts in the administrative (formal) complaint, the case is brought to the Commission for an informal hearing. If the respondent disputes material facts, the case will be scheduled for a formal hearing before an administrative law judge from the DOAH.

What is the Election of Rights form? a) A request by the respondent to settle the complaint through a stipulation b) The form that a person uses to answer requests from the Probable Cause Panel for information pertinent to the complaint c) The respondent's answer to an administrative complaint, stating whether or not they dispute the allegations in the complaint d) A section of the administrative complaint that informs the respondent of their rights

c) The respondent's answer to an administrative complaint, stating whether or not they dispute the allegations in the complaint The Election of Rights form is the respondent's answer to an administrative complaint, stating whether or not they dispute the allegations in the complaint.

A respondent who does not wish the matter to go to a formal hearing may choose stipulation as an alternative method to settling a charge. What is a stipulation? a) A negotiated settlement in which the complainant agrees to drop the complaint under certain negotiated conditions b) A settlement in which the respondent admits guilt in exchange for less severe disciplinary action c) A settlement reached by mediation, resulting in a mutually acceptable resolution and negotiated disciplinary action d) A negotiated settlement in which the respondent agrees to a disciplinary action without, in many cases, admitting guilt or denying the allegations in the complaint

d) A negotiated settlement in which the respondent agrees to a disciplinary action without, in many cases, admitting guilt or denying the allegations in the complaint A stipulation is a negotiated settlement in which the respondent agrees to a disciplinary action without, in many cases, admitting guilt or denying the allegations in the complaint. A stipulation is very much like a plea bargain.

If a complaint is found to involve a minor violation of a Commission rule, how would the investigation most likely be concluded? a) The investigator would send an investigative report to the legal section of the Division, indicating that the violation is minor b) The licensee would be placed on probation c) The Division would issue a cease-and-desist order until the investigation is complete d) A notice of noncompliance or citation would be issued to handle the matter without forwarding to the legal section

d) A notice of noncompliance or citation would be issued to handle the matter without forwarding to the legal section If a complaint is found to involve a minor violation of a Commission rule, a notice of noncompliance or citation would be issued to handle the matter without forwarding to the legal section.