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Cards In This Set
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Citations
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Statements of alleged violations and penalties to be imposed
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Complaint
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An alleged violation of a law or rule
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Formal complaint
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Outline of charges against a licensee
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Legally sufficient
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A complaint contains facts indicating a violation of the 1) Florida statute 2) Federal statute 3) DBPR rule 4) FREC rule
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Notice of noncompliance
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Issued by DBPR in the case of a MINOR rule violation that does not endanger the public
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Probable cause
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Reasonable cause for prosecution
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Recommended order
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A determination of an administrative law judge that indicates findings and conclusions to be included in a final order
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Subpoena
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A command to appear at a certain time and place to give testimony
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Summary suspension
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Emergency or immediate action against a license to protect the public
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What are the eight steps in a complaint process
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1 filing the complaint 2 investigation 3 probable cause 4 formal complaint 5 informal hearing 6 formal hearing 7 final order 8 judicial review
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How many people make up a probable cause panel
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2 members of FREC who are appointed by the chairperson of the commission a former commissioner may serve on a probable cause panel however one of the two panel members must be a current number the panel must include at least one professional member present or former however in the case of the former professional member here she must hold an active valid license If a present or former consumer member is available and willing to serve then one of the panelists must be a consumer member
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What are the three types of penalties
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Administrative penalties, civil penalties and criminal penalties
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What is a administrative penalty
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Is a penalty for violations of the law or rules and regulations possible administrative penalties include denial of an application for a license refusal to recertify a license renewal: revocation of a license: suspension of a license for not more than 10 years a fine not to exceed $5000 for each Florida Statut. 455 violation or $1000 for each Florida Statut 475 violation and probation, reprimand, citation, notice of noncompliance or other penalty
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What is a civil penalty
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Is a penalty that may be enforced by courts if a person has performed any real estate service without a license the courts may rule that no sale commission is due which can be much greater penalty then a administrative fine or criminal penalty
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Note
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If the licensee fails to take action to correct one of the listed minor violations within 15 days after being notified the licensee may be fined or subjected to other disciplinary actions
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