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5 Cards in this Set
- Front
- Back
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5. Which statement is true regarding examination questions and answers? (a) They are published in the Administrative Weekly before appearing in an examination. (b) They may not be challenged. (c) They may be reviewed by any member of the public upon request. (d) They are confidential. |
Correct answer: d A private testing service is under contract with the DBPR to provide testing services for real estate and appraisal applicants. Examination questions and answers are confidential. The theft or reproduction of such material is a third-degree felony. |
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The Florida Real Estate Commission held a meeting for the purpose of passing a new rule. This is an exercise of which Commission power? (a) Executive (b) Quasi-legislative (c) Quasi-judicial (d) Ministerial |
Correct answer: b Quasi-legislative powers give the FREC the power to make and pass rules regulating the operation of licensees and the real estate profession. Rules enacted by the Commission are not laws, but have much the same effect. The purpose of the rule-making authority is to allow the FREC to interpret and implement the law. |
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What action may the Department take if it determines that an unlicensed person has operated in violation of a law or rule under its administration? (a) None, since the Department has no jurisdiction over unlicensed individuals. (b) It may issue an injunction prohibiting such activity in the future. (c) It may imprison the violator for up to 5 years. (d) An administrative fine of up to $5,000 may be imposed. |
Correct answer: d The DBPR has the power to issue a cease and desist order against an unlicensed party for violation of any rule or law under its administration. |
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All of the following penalties could be imposed by the FREC, EXCEPT: (a) Probation (b) Administrative fine of up to $15,000 per offense (c) Suspension for up to 10 years (d) Revocation |
Correct answer: b The Commission may discipline licensees for violations of F.S. 475 or any rule enacted under its authority. A licensee who is found to be guilty of a violation may receive one of the following disciplinary actions: be issued a reprimand or an administrative fine up to $5,000 per offense, be placed on probation, or have their license suspended for up to 10 years or permanently revoked. A licensee without any pending disciplinary issues decides she no longer wishes to practice real estate and simply gives the license back. What is the status of the license after it is returned to the Department? (a) Suspended (b) Expired (c) Cancelled (d) Surrendered |
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A licensee without any pending disciplinary issues decides she no longer wishes to practice real estate and simply gives the license back. What is the status of the license after it is returned to the Department? (a) Suspended (b) Expired (c) Cancelled (d) Surrendered |
Correct answer: c If a licensee decides to no longer practice real estate, they could return the license to the Department. The license would be cancelled. |
