BOB HOGUE UNIT 6 EXAM
QUESTIONS AND ANSWERS
breach of trust - Answer- Failure to do or perform what has been promised.
Citation - Answer- Statements of alleged violations and the penalties to be
imposed
commingle - Answer- To mix together money or a deposit with personal funds
combine; intermingle.
complaint - Answer- Formal allegation or charge.
Concealment - Answer- The act of keeping from sight or keeping secret.
Conversion - Answer- Unauthorized use or retention of money or property that
rightfully belongs to another person.
Culpable negligence - Answer- Inadequate attention to duties and obligations by
those who know, or should know, what is required of them.
Division of Administrative Hearings (DOAH) - Answer- The governmental entity
that hears all formal hearings resulting from an administrative complaint against a
licensee.
Failure to account for and deliver - Answer- The act of failing to pay money to a
person entitled to receive it.
Final order - Answer- A decision rendered by the FREC.
Formal (administrative) Complaint - Answer- An outline of the charges against a
licensee that must be answered within the statutory time limit.
Formal Hearing - Answer- A session in which testimony and arguments are
presented, especially before an official.
fraud - Answer- The intent to misrepresent a material fact or to deceive in order to
gain an unfair advantage or to harm another person.
Informal hearing - Answer- 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 - Answer- A complaint that contains facts indicating that a
violation of a Florida statute, a DBPR rule, or a FREC rule has occurred.
Material Fact - Answer- A piece of information that affects the value of real
property and is relevant to a person making a decision about that property.
Misrepresentation - Answer- A false or misleading statement of a material fact;
concealment of a material fact.
moral turpitude - Answer- An act of corruption, vileness, or moral depravity; a
disgraceful action or deed.
Notice of noncompliance - Answer- Issued by the DBPR in the case of a minor
rule violation that does not endanger the public health, safety, and welfare.
probable cause - Answer- Reasonable grounds or justification for prosecuting.
Recommended order - Answer- 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.
stipulation - Answer- An agreement as to the penalty reached between the
attorneys for the DRE and the licensee or licensee's attorney.
subpoena - Answer- A writ or order commanding the person named to appear and
testify in a legal proceeding.
summary (emergency) suspension order - Answer- Emergency or immediate
action taken by the secretary of the DBPR against a license to protect the public.
voluntary relinquish for permanent revocation - Answer- A licensee-respondent
may choose to avoid a disciplinary hearing and relinquish the real estate license in
lieu of discipline, permanently revoking the license.
A complaint is_____________ ______________ if it contains facts indicating that a
violation of Florida Statute or administrative rule has occurred. - Answer- Legally
sufficient
A complaint and the information obtained during the investigation is treated as
__________ until _________ days after probable cause is found to exist - Answer-
confidential, 10
At least ________ of the probable cause panel members must be a
___________member of the commission. - Answer- One, current
QUESTIONS AND ANSWERS
breach of trust - Answer- Failure to do or perform what has been promised.
Citation - Answer- Statements of alleged violations and the penalties to be
imposed
commingle - Answer- To mix together money or a deposit with personal funds
combine; intermingle.
complaint - Answer- Formal allegation or charge.
Concealment - Answer- The act of keeping from sight or keeping secret.
Conversion - Answer- Unauthorized use or retention of money or property that
rightfully belongs to another person.
Culpable negligence - Answer- Inadequate attention to duties and obligations by
those who know, or should know, what is required of them.
Division of Administrative Hearings (DOAH) - Answer- The governmental entity
that hears all formal hearings resulting from an administrative complaint against a
licensee.
Failure to account for and deliver - Answer- The act of failing to pay money to a
person entitled to receive it.
Final order - Answer- A decision rendered by the FREC.
Formal (administrative) Complaint - Answer- An outline of the charges against a
licensee that must be answered within the statutory time limit.
Formal Hearing - Answer- A session in which testimony and arguments are
presented, especially before an official.
fraud - Answer- The intent to misrepresent a material fact or to deceive in order to
gain an unfair advantage or to harm another person.
Informal hearing - Answer- 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 - Answer- A complaint that contains facts indicating that a
violation of a Florida statute, a DBPR rule, or a FREC rule has occurred.
Material Fact - Answer- A piece of information that affects the value of real
property and is relevant to a person making a decision about that property.
Misrepresentation - Answer- A false or misleading statement of a material fact;
concealment of a material fact.
moral turpitude - Answer- An act of corruption, vileness, or moral depravity; a
disgraceful action or deed.
Notice of noncompliance - Answer- Issued by the DBPR in the case of a minor
rule violation that does not endanger the public health, safety, and welfare.
probable cause - Answer- Reasonable grounds or justification for prosecuting.
Recommended order - Answer- 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.
stipulation - Answer- An agreement as to the penalty reached between the
attorneys for the DRE and the licensee or licensee's attorney.
subpoena - Answer- A writ or order commanding the person named to appear and
testify in a legal proceeding.
summary (emergency) suspension order - Answer- Emergency or immediate
action taken by the secretary of the DBPR against a license to protect the public.
voluntary relinquish for permanent revocation - Answer- A licensee-respondent
may choose to avoid a disciplinary hearing and relinquish the real estate license in
lieu of discipline, permanently revoking the license.
A complaint is_____________ ______________ if it contains facts indicating that a
violation of Florida Statute or administrative rule has occurred. - Answer- Legally
sufficient
A complaint and the information obtained during the investigation is treated as
__________ until _________ days after probable cause is found to exist - Answer-
confidential, 10
At least ________ of the probable cause panel members must be a
___________member of the commission. - Answer- One, current
