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Unit 6
Definitions
| Term | Definition |
|---|---|
| breach of trust | Failure to do or perform what has been promised |
| citation | Statements of alleged violations and penalties to be imposed |
| commingle | To mix together money or a deposit with personal funds; combine; intermingle |
| complaint | Formal allegation or charge |
| concealment | The act of keeping from sigh or keeping secret |
| conversion | Unauthorized use or retention of money or property that rightfully belongs to another person |
| culpable negligence | Inadequate attention to duties and obligations by those who know, or should know, what is required of them |
| Division of Administrative Hearing (DOAH) | The governmental entity that hears all formal hearings resulting from an administrative complaint against a licensee |
| failure to account or deliver | The act of failing to pay money to a person entitled to receive it |
| final order | A decision rendered by FREC |
| formal (administrative) complaint | An outline of the charges against the licensee that must be answered within the statutory time limit |
| formal hearing | A session in which testimony and arguments are presented, especially before an official |
| fraud | The intent to misrepresent a material fact or to deceive in order to gain and unfair advantage or to harm another person |
| informal hearing | A respondent who does not dispute allegations of material fact in the administrative complaint may request and informal hearing before the FREC for final action on complaint |
| legally sufficient | A complaint that contains facts indicating that a violation of a FL statute, a DBPR rule, or a FREC rule has occurred |
| material fact | A piece of info that affects the value of real property and is relevant to a person making a decision about that property |
| misrepresentation | A false or misleading statement of a material fact; concealment of a material fact |
| moral turpitude | An act of corruption, vileness, or moral depravity; a disgraceful action or deed |
| notice of noncompliance | Issued by the DBPR in the case of a minor rule violation that does not endanger the public health, safety, and welfare |
| probable cause | Reasonable grounds or justification for prosecuting |
| recommended order | A determination by and 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 | An agreement as to the penalty reached between the attorneys for the DRE and the licensee or licensee's attorney |
| subpoena | A writ or order commanding the person named to appear and testify in a legal proceeding |
| summary (emergency) suspension order | Emergency or immediate action taken by the secretary of the DBPR against a license to protect the public |
| voluntary relinquishment for permanent revocation | Licensee-respondent may choose to avoid a disciplinary hearing and relinquish the real estate license in lieu of discipline, permanently revoking the license |
Created by:
happythivo
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