dc exam prep: duties and powers of the real estate commission

dc exam prep: duties and powers of the real estate commission

Flashcards who administers the Real Estate Guaranty and Education Fund?the commission

commission is made up of:nine (9) members appointed by the mayor and confirmed

by the council, all of whom must be residents of DC.three (3) must be licensed brokerstwo (2) must be licensed salespersonstwo (2) must be licensed property managersone (1) must be an attorneyone (1) must be an unlicensed consumerprofessional members must have been practicing in their given professions for at least five (5) years immediately prior to appointmentcommissioners serve three (3) year staggered termscommissioners are limited to three (3) consecutive termsall boards must elect a chairperson and meet no fewer than four (4) times a year.(the real estate commission generally meets monthly).meetings are open to the public if a licensee is found guilty of any of the actions, the

commission may take the following actions:

-license denial-license suspension or revocation-reprimand-fine not to exceed $5,000 per violation-remediation (treatment, education, etc)-probation-cease-and-desist order-other civil feeds or penaltiessubstantial misrepresentation carries a fine of up to $2,500the dc attorney general can file for an injunction in superior court to stop any unlawful practices. this is in addition to any disciplinary sanctions or criminal proceedings what happens if licensee doesn't respond to or attend the hearing panel for a good cause?they can request to reopen the proceeding within 30 days of the commission decision who can file for an injunction in superior court to stop any unlawful practices dc attorney general licensees representation for hearingby an attorney, present evidence, issue subpoenas, and examine witnesses Real Estate Guaranty and Education FundDC established this in order to compensate consumers who win judgments against licensees. the licensee must be found to have insufficient assets to pay the judgment claimants have ______ after a judgment has been awarded to make a claim 12 months License Revocationmost serious offenses are likely to result in1. When the Real Estate Commission permanently withdraws a real estate agent's license.2. The automatic event that occurs when a licensee allows their license to remain in a state of suspension for more than 12 months.DC Code Section

47-2853.17

the commission may suspend or revoke a license... after a hearing finds the licensee guilty of a license law violation claimants must have notified the mayor within ______ that a judgment was filed that may result in a claim 30 days

when can license be restored if licensee hasn't paid the required assessment?can be restored after the delinquent assessment is paid, plus interest and a late fee dc real estate commission powers and duties -determine scope of practice-determine initial licensure and renewal requirements-determine reciprocal licensing requirements-advise the mayor on related rules and regulations-hear and decide complaints-submit names of potential commissioners when there are vacancies-serve on committees-notify the mayor of actions taken against licensees-monitor license status commission can take disciplinary action if licensees engage

in any of the following:

-giving false or misleading information on a license application-trying to get a license for another person-using a license deceptively-being disciplined or convicted in any jurisdiction-being found incompetent or be an addict-providing services while under the influence-falsifying or failing to keep records-knowingly making misrepresentations-violating any license laws or rule what happens if more than one claimant against a single licensee?the commission divides the $50,000 in proportion to the amounts of the judgments licensee fees for Real Estate Guaranty and Education Fundcurrently $60 for initial and renewal licenses support the fundan additional fee of up to $50 may be imposed on licensees if the fund balance goes below a certain amount what happens if the mayor decides that licensee imposes a threat to the safety of dc residents the mayor can summarily suspend or restrict the license.licensee can request a hearing, which should be held within 72 hours of the requestDC Code Section

47-2853.18

criminal charges fineslicensees convicted of criminal charges may face up to a $10,000 fine and up to one (1) year in jailDC Code Section

47-2853.27

false or fraudulent claim finesif anyone files a claim or application found to be false, the claimant could be convicted and punished by a fine of up to $3,000, imprisonment up to a year, or bothDC Code Section 47-2853.9 who decides that a licensee's conduct poses an immediate threat the mayor who can a licensee seek judicial review if they disagree with the decision that was made?DC Court of Appeals if a judgment is entered against a licensee... the licensee must advise the commission within 15 days what happens if licensee hasn't paid the required assessment?the commission can suspend the license who investigates a complaint against a licensee if a consumer or another licensee submits one?the commission investigates stages of hearing process if complaint is submitted1. the licensee citing the specific law or rule it believes was violated (also includes the hearing date)2. commission sometimes request settlement conference3. creates a

hearing panel4. commission makes their decision what happens if licensee doesn't respond to or attend the hearing panel?the hearing will be held without the licensee and a decision made.